PUBLIC LAW BOARD N0. 2960
AWARD NO. 69
CASE N0. 68
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes
and
Chicago & North Western Transportation Company
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) day suspension assessed Trackman Phillip
Metoyer for allegedly failing to report an injury and
absenteeism was without just and sufficient cause and on
the basis of unproven charges. (Organization File
9D-2462; Carrier File D-11-17-403).
(2) Trackman Phillip Metoyer shall be compensated for all wage
loss suffered and have the discipline removed from his
record.
OPINION OF THE BOARD:
This Board, upon the whole record and all of the evidence, finds and
holds that the Employe and the Carrier involved in this dispute are
respectively Employe and Carrier within the meaning of the Railway Labor
Act, as amended, and that the Board has jurisdiction over the dispute
involved herein.
On September 25, 1981, the Carrier directed the Claimant to attend
an investigation on the following charge:
"Charge: To determine your responsibility in connection with being
absent from duty without authority from
September 21
to
PLB No. 2960
Award No. 69
- 2 - Case No. 68
September 25, 1981 and also your responsibility in connection with the alledged (sic) injury you sustained on
July 23, 1981 and your failure to report same."
Subsequent to the investigation the Claimant was assessed the discipline
on appeal before the Board.
The most significant evidence supports the portion of the charge
related to the Claimant's failure to report an injury which occurred on
July 23, 1981. There is no dispute that the Claimant repeatedly reported
to several supervisors that he had a sore elbow. These reports began
shortly after July 23, 1981. However, based on the credible evidence, we
can not conclude that he had reported to any supervisor that it was the
result of any on-the-job activities until September 30, 1981.
To have properly reported the injury, he would have had to have
identified it as an on-the-job injury and identified the circumstances
surrounding it as soon as reasonably possible. The fact that he did not
justifies the discipline.
AWARD
:
The Claim is denied.
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