Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE: and -
Louisville and Nashville Railroad Company
STATEMENT 1. Dismissal of Track Repairman A. C. Bonds for
OF
CLAIM: allegedly failing to report promptly an accident
was without just and sufficient cause and excessive.
2. Mr. Bonds shall be allowed the remedy prescribed
in Rule 27(f).
FINDINGS: Claimant was dismissed for failure to report promptly
an accident. Safety Rule E stipulates that an em
ploye
"suffering an injury while on duty,
regardless of the nature of the injury or
the time it occurs, must report it immedi
ately. Failure to do so will subject the
employe to discipline."
At 8 a.m. July 13, 1980, claimant called his foreman
that he was sick and would not be able to come to work that day.
He did not offer any additional information other than that he
was going to see his doctor. Claimant did not report back to
work until July 23, 1980. On August 4, 1980, he completed and
filed an Accident Report alleging, that he had lost time from
2
9363- Aw0 40
July 13 through
22
because he became too hot while at work on
July
12,
1980.
There is no question but that claimant flagrantly
violated Safety Rule E. It is equally clear that its potential
liability and safety responsibilities make it imperative that an
employer be advised promptly of any real or suspected job related
injury or malady, particularly in the railroad industry. Third
Division Awards 19298 and 23906 emphasize the importance of the
employe's obligation in that regard.
While the degree of discipline found appropriate
in this case does cause us concern, the record provides no persuasive basis for substituting our judgment for that of Carrier.
AWARD: Claim denied. -
Adopted at Jacksonville, Florida, April 21, 1983.
Harold M. Weston-, Chairman
arrier Member Employe Member