PUBLIC LAW BOARD N0. 2774
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE The Atchison, Topeka & Santa Fe Railway Company
STATEMENT "1. That the dismissal of Valley Division Trackman R.D. Bas ham was unjust.
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2. That Claimant R.D. Basham be reinstated to service with seniority,
vacation, all benefit rights unimpaired, pay for wage loss and/or
otherwise made whole."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that
t his Board is duly constituted under Public Law 89-456 and has jurisdiction of the
parties and the subject matter.
Claimant was charged with alleged falsification of an injury and. or failure to report
the accident on the proper form as required by Carrier. Following an investigation
held on September 19, 1980 Claimant was found guilty of the charges and terminated.
An examination of the transcript of the investigation of this matter indicates that
there was substantial evidence to support Carrier's conclusion that there first was no
evidence to support the fact of a work connected injury and second, that Claimant
did not indeed'file an injury report in timely fashion. Carrier is properly concerned
with the employees abiding by all safety regulations particularly those involving injury.
It has long been held that the definition of promptly,as used by Carrier in its rules_
even though not precise would indicate a reasonably quick response by an employee in
filing a report of injury after the incident. It is also clear that falsification of
such reports cannot be tolerated by Carrier not only in view of the liability question
but in view of many safety considerations which are extremely Important to Carrier.
In the instant case, not only is the evidence clear that no injury report was filed by
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Claimant until after a safety inspector visited him at his home, but also there is no
' ' specific evidence to support Petitioner's contention that he was indeed injured on
the job. These two facts amply justify Carrier's decision that termination is the
proper remedy for this infraction. For the reasons indicated, the Board must agree
that Carrier acted properly and the claim must be denied.
AWARD -
Claim denied.
I.
A.
Lieberman, Neutral-Chairman
` G.M Garmon, Carrier Member S.~Emp oyee ember
January , 1982
Chicago, IL