Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company (Former Wabash)

Statement
of Claim: Claim on behalf of W. A. Craft for pay for all
time lost account of being assessed a ten day
actual suspension by letter dated March 18, 1985,
as a result of investigation held on March 1, 1985.

Findings: The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated February 2, 1976, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
Claimant, on November 19, 1984, was a Gang Foreman. A Laborer stated that he pulled a muscle in his back while lifting the end of a tie and that he had reported said injury to Claimant on November 19, 1984 at approximately 9 or 10:00 in the morning. Said Laborer left work that day and was off for several days. The injury was not reported by Claimant.

    Rule 1000 reads:

    "Employees must report personal injuries to

    their immediate supervisor or the designated

    employee immediately in charge of the work

    before leaving the company premises. The

    supervisor or designated employee in immediate

    char a of the wor k is responsible for reporting


        a 1 personal injuries witnessed by t suervisor or desi mated e, mployee or known to the supervisor or es~ mated employee to insure the reports will be completed and

                                  ?L6 1760


                        -2- Award No. 68


        distributed promptly in accordance with company rules.


        Failure to report a personal injury by the injured person or the employee in immediate

        . charge of the work may result in disciplinary action." (underscoring supplied)


The Board finds that the Claimant was accorded the due process to which entitled under this rule.
There was sufficient evidence to support Carrier's conclusion as to Claimant's culpability.
Claimant admitted that he was aware that when an employee sustains an injury but declines medical attention that he is required to still report said injury. In the circumstances, the Board finds that the discipline assessed was reasonable. This claim will be denied.

Award: Claim denied.

M. A. hristie, Employee Member S. C. Lyons, Carrie mber

                cur . Van 4art, Chairman and Neutral Member


                Issued August 18, 1986.