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PUBLIC LAW BOARD N0. 2142
Award No. 16
Case No. 9
Docket No. MW-1106
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Illinois Central Gulf Railroad
Statement 1. Carrier violated the effective Agreement on February 21, 1977, by unfairly
of and arbitrarily suspending Trackman John Augillard from service for six months.
Claim 2. Claimant Augillard shall be paid for each day's work lost by him commencing
on February 21, 1977, and until he is actually returned to work by the Carrier,
plus any overtime made by his gang during this same period.
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
January 23, 1978, that it has jurisdiction of the parties and the subject matter,
and that the parties were given due notice of the hearing held.
Claimant Trackman called in to request permission to be off, on Wgdnesday and
Thursday, January 19 and 20, 1977, because he had broken water pipes at his
residence which needed to be repaired. Such request was granted. Claimant
reported for work on January 21, 1977. He informed his Supervisor that he had
injured his back and that he figured it happened when his gang was laying rail
on Friday, January 14, 1977.
Claimant was given a notice that a formal investigation would be held on January 31;
1971 to determine his responsibility in connection with his failure to report an
injury that he sustained on January 14, 1977. As a result thereof Carrier conclude
that Claimant was guilty of having failed to promptly report his alleged injury
of Friday, January 14, 1977. He was so notified in writing and suspended
from service for a period of six months.
The record reflects th,-rt Claimant worked on Friday, January 14, 1977, and that
Award No. 16 --~P1
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he made no report of his alleged on-duty injury on that date. Claimant worked
on the following Monday and Tuesday, January 17 and 18, 1977 but he again made
no reports on those days.
It is clear, in any event, that Claimant was in violation of Rules F and I of
the Rules for the Maintenance of Way Structures Department which read:
"F. Personal injuries to employees or known injuries to other persons
must be reported immediately to proper authority.
I. Employees who fail to comply with the rules or fail to follow safe
practices are subject to discipline.
1_ Employees must report promptly to the proper authority any
injury sustained on-duty or on company property. Notification
of the injury must be made prior to the employees tour of duty
and before leaving company property."
There can be no doubt but that Claimant was in violation of the two above quoted
rules. The Board finds that the discipline imposed, in light of the extremely
serious offense involved, was neither harsh nor unreasonable. In Third Division
Award 1171 (Rock) it held-
"In "In our opinion the nature of the testimony and the inferences which
may be legitimately drawn therefrom constitutes sufficient evidence
to sustain the conclusion that Claimant was guilty of attempting to
subject carrier to fraudulent liability "
Claimant's past record indicates that he has a propensity towards occurring
personal injuries due to carelessness. If it was carelessness on his part which
caused him not to report the injury on Friday, January 14, 1977, when it allegedly
occurred, until a week later, then the discipline assessed will have served a
useful purpose. In any event such discipline was most lenient. In the circumstances the Board will deny this Claim.
Award Claim denied.
ohn Palloni, Employee Member .'fin, Carrier Member
Arthur T. Van Wart, Chairma ~/n
and Neutral Member
Issued at Wilmington, Delaware, April 18, 1979.