PUBLIC LAW BOARD N0. 1760
Award No. 68
Case No. 68
C -
Docket No. MW rc-80-37 (Craft)
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
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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.