PUBLIC LAW BOARD NO. 3514
Case No. 105 Award No. 105
PARTIES Brotherhood of Maintenance of Way Employes
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DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal of Trackman, J. R. Graves, to have a
30-day suspension removed from his record.
FINDINGS: Subsequent to a hearing, the Carrier concluded that
the Claimant had failed to promptly report a personal injury which
constituted a violation of its safety rules.
The Organization adamantly rejected the Carrier's findings
of guilt as the claim was progressed and in its arguments before
this Board. Essentially, the Organization contends that no injury
occurred on October 15, 1984. Rather, what did happen was that
the Claimant aggravated a pre-existing physical condition (that
had occurred as a result of an earlier injury) which was known
to the Carrier. Accordingly, under the circumstances, it maintains the Claimant should not have been charged with violation of
the Carrier's rules.
Although we recognize the organization's well reasoned
arguments, the Board finds that the claim cannot be sustained.
The Claimant, by his own testimony at the hearing, has provided
credible evidence to support the Carrier's findings of guilt to
the charge. while fine distinctions sometimes may exist with
respect to the existence of an injury which followed an earlier
similar injury, the Claimant was aware of what had occurred and
Paqe 2 C/105-A/105
of the Carrier's reportinq requirements with respect to injuries.
Under the circumstances, his claim is not well taken and the
Board will not disturb the Carrier's decision.
AWARD
The claim is denied.
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Dated:
MAY 27'·,986
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Eckehard Muessiq J. P. Cassese
Neutral Member Employee Member