PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE: and
Consolidated Rail Corporation
STATEMENT Claim by Trackman A. W. Bias for reinstatement
OF
CLUM: and pay for all time lost.
FINDINGS: At 7:05 a.m. November 17, 1982, an auto spiker
operated by claimant derailed. Foreman Barnes
testified that claimant jumped off the machine as
it derailed, but was not thrown from it or injured.
According to Barnes, claimant tried to induce him
not to give a truthful statement to Carrier con
cerning that accident. Claimant reported no injury
at the time of the incident.
Five hours later, at about 12:27 p.m., claimant
told Assistant Supervisor Whittaker that he wanted to go to the doctor
due to a p.ain in the back.
While we are not satisfied from Mr. Barnes' testi
mony that claimant actually attempted to "coerce" or bribe him, this
record is sufficient to support Carrier's findings that claimant (1)
PLB No. 3514 Award No. 10 Case No. 11 2

did falsely try to establish injuries that did not actually occur and (2) did attempt to persuade Barnes not to tell the truth. We find no ground for, setting aside the discipline.

AWARD: Claim denied.