I=1-"1r,_TII-S Brotherhood of Maintenarce of Way Employes -
 TO DI SF'U'fI'=:

_'Tf M-IIENT "I. Thai: tho c'.,,rrier violetted the prov.i~ions
 OF, CLAW, of the current (1r)rcement when, on June 20*
 1.955, it, dismissed Tr<;c!:nj~rn D.r.Svji ft ba=acrd -
 on unproven chargen, s:ad action being -
 capricious, unwarranted and without Ju=t
 cause.
 2. Claimant will now be reinstated to his
 former position with v-en.iority arid all

i=T FiDT!IV'S:
 Upon the whole record, after hearing, the Board finds that. thc_2 -_
 parties herein are Carrier and Employees within the meaning of -
 the Railway Labor fact, as amended, and that this Board is dLAIy
 constituted under Public Law 89-456 and has jurisdiction of the
 par tics and the- subject matter.

 On April 1t, 1.985, while working, Claimani was apparently hit: by
 :~ frE·11rjvi employee who sin=; wielding e, maul. Fii_=, fellow cmplco;ec·

 ~r~iessec~ the spiLke which the c-jas atternpling to put in --ind struck -
 Claimant in the lower shin wh.reupon Claimant jum!:,cd tIZICl--4Jard-; in
 <, twi>tir,n motion and allc:·qedly suffered a ba<cL: injury -ac_ a
 I.·-trit m f that movement. Shortly after that incident. he reported
 -r-7y-~sD

 Lhe accident to tii·~ for-r·man hr_rt (J(_'r.-linr;d medical attentrc)n tV,a!`
 clay «nd continued to worl·.. On the next work day, the follorainq
 Monday, as tile day 4101'r~ or-., Claimant Telt considerable pL,III <,nd
 ,.rl4lrr aac:.l ic·d the F oremarr fur mf2dica1 at tent.1on. Tltc Foreman toc.iL_
 Claimant to the doctor who confirmed the fact that. Claimant had ct_
 hack strain and suggested that Claimant see his pc,·rsona1
 play=-.c-,an. Thereafter Claimant wa·; unable to viori: effeci_.~.ve:l; and
 ·_.tartir,u with April 17, he secured permission to to abscc,r.t and continued to be on sick leave. By letter drated Play 16, (:zirr-icrr in~lormed Claimant of pending investigation and charged- him wi.ttt_
 ,-Alleged misrepresentation of the facts with respect i= o the-
 ,.,lleqe:d person a1 injury Of April 11th. The investigator/ hearingwas held on June 200, 1985 and upon the conclusion of the hearinq,Claimant was removed from service-for hi=_ alleged quilt of the - charge. The record also indicates that Carrie·r's Claim Depar-tmrnt executed a settlement and release for Claimant on April 27, 1.986 for the alleged injury. The settlement was for the sum of somer;2 ,50D and released Carrier from all labor claims for wanes as rcssr-alt of the dispute? herein. It is noted that the release, however, did not include pending claims for reinstatement.

 L-.:zrri,vr- ailoyes simply that Claimant was found quilt/ of UIQ=
 charges after at fair and impartial investigation and thrt_

 discipline was warranted and justified. Carrier's positic,n i,.-

a~ y-is~


that the buck strain was caused (?y C1nimant-moving furniture on
 Ulf., we:A·r:rnd followinn the al. leged occident e:nd t_horc fr·rr· th:u
 .:ee::c:::r.<:1cill:. rLs:elf did not: cause any inj r-rr"y. For thit, r-cnaseln C:arr-i.r.r-
 convinced that. its ch~irgpof mis>rcprosentation was an = ,appropriate one.
The Organization, in its testimony and in i.ts. -arrlr.ari:ent, indicates that there was sufficient ev.idenceto support the prnqro=~it.ion that Claimant-was st.rue4; by tho n:auel In the enUrs::e, of wosrkineel and furt.tier that he jumped backwaird·s when Struct: ,
 ·Araininq his back. Thorefore, since there o-ia_=. no doubt whatever= . that CI aimant was struck and injured his (.rack when he jeirtiped barrkr.iia,rds, his claim for on duty injury was appropriate:: arid all Of Carrier's actions were to dilute the liability, accords.nq Lothe Orqani=anon. The Organization insists that s3.nrce there was a r4·r_ngn.i.tion of the on-duty injury by the Claim fspartment, it wase)DVIOLAS treat the Claimant ought to be reinstated.
:`re=. thri i:'oard e>;amine-:d tho transcript, of the i.nve=ta-l-,t.ion, .-.tnd
-h:r: enLj.r-L record of this matter, i,,t_is apt
 j. arena: that the-·rL i.r,
i.r,s:uff.iccierrt evidence to sustain the c-I-rarge levelled against=
Cl=iam~crrh- Thr:·r·e were contradictions betweep the wr3A(e·n ~.t:at.errre:~ret
.:,.-r-,e, e,,,ri by Carrier and the tes1.imony at the h~-,ar:Lno and a.rr
 'a-n y- /5-0

 ,it .nt~rzi there x= no -.tthpnrt ttIn charm,

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 Tha·rW are,

 r-e:a.nsi.ated tG

 any rnnmn_t-_xry :wl-.,i-;xnl:xal

 .f mi,~'~r'c:pres cntmC.3.o n

 ,.,_,..._.,r.i.. hip:

 thc_ Bo <;rd

 t7is tyr-myr

 maxrnrmar°mi but. wi.thotti, cc?rtnpnn=.~:,tion for

 i iRt)F F·'·
t F. Fcose, Employe Member

 Cttic.c,qu, Tl linois

 ll. V1CI;Pltilt,: Lu

 In wx.cw of the

 l~L,~i.,r_..

claim nn.t~t Lu t r.·s:l.rit:'l.i_d to concludes. t'fmL h1W tlnWwi.


position- s4xtt ail miglvts time tosi_


Claim sr.tst<mned; Claimant shall be r-e:aGrrd,.t.G has tarmc^r position with all rights unifripzilrod but will not, rer~-Ye-y.:ry ment fur- time lost-

 Carrier will comply with the Award herein viithi.n 30 day's from the date hereof.

 L't. L ie6e mark Neutral Member

 G.P4. Garmon , Carrier-