Parties
to the
Dispute
PUBLIC 1.:,:/ BOARD
.;o.
3542
BROTHERHOOD
OF
MAINTENANCE
OF WAY
EMPLOYES
CONSOLIDATED RAIL CORPORATION
STATEH.::NT OF CL-kiM
1. That the discipline imposed upon C. A. Romisor on
July 30, 1984 was arbitrary, excessive and unsupported
by the evidence adduced at trial.
2. That C. A. Komisor should be returned to service
immediately, compensated for all lost earnings as a
result of this discipline and have his record cleared
of any reference to this discipline.
OPINION OF
THE BOARD
Claimant C. A. Komisor was a B &B B Mechanic in Carrier's
employ at Edgemoor. On July 17, 1984, he was notified to attend
an investigation into the following charges:
A. Falsification of a personal injury report
made out and signed by you on 6/22/84, wherein
you alledge (sic) to have injured your back on
April 13, 1984 while replacing the metal grating
footwalk on Bridge #3, Wilmington, Delaware when
in fact you did not.
Case No. 30
46"alll.
PLB-3542 --'-
Award No. 28
B. Failure to properLy and timely report an
alledged (sic) personal injury which you
contend to have occurred on April 13, 1984
while replacing the metal grating footwalk
on Bridge 03, Wilmington, Delaware and
which you reported on 6/22/84, in violation
of Rule 3000(b), Conrail's Safety Rules for
Maintenance of Way Employees, Form S7-C.
An investigation into the matter was held on July 24, 1984.
As a result of that investigation, Claimant was found guilty as
charged and dismissed from Carrier's employ.
The Board has reviewed the extensive record of this case
and agrees with Carrier's decision in the case. Claimant was guilty
of a serious violation and, as such, his dismissal from service
was appropriate.
AWARD
The claim is denied.
R.'E. Dennis, Neutral Member
d, Emplo a Member R. 0 eil, Carrier M tuber
-3o-a~