PUBLIC LAW BOARD NO. 3765
Parties
to the
Dispute
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
VS.
GRAND TRUNK WESTERN
RAILROAD INCORPORATED
STATEMENT OF CLAI1
Claim appealing the 25 demerits assessed
D. Rodriguez, as a result of investigation commenced on November 3, 2994, in
Pontiac, Michigan.
OPINION OF THE BOARD
Case No.: 75
Claimant D. Rodriguez is employed as a Trackman. While
working with a tie gang around Marcellus, Michigan, Claimant
alleges that, sometime in June 1994, he was bitten by a tick
while utilizing a wooded area along the tracks as a toilet
facility. Claimant filed an injury report on October 19,
1994. He was thereupon served with the following notice:
You are hereby notified to attend a formal
investigation to be held in the Pontiac
Administration Building,
700 Pershing Street,
Pontiac, MI 48340, on Thursday, November 3,
2
1994, at 1400 Hours, to determine your responsibility, if any, for the alleged violation of
Rule 3001 and Rule 3002 of the Grand Trunk
Safety Rules covering Maintenance of Way and.
Structures, Communications and Signal Employees,
Effective January 15, 1983, which read as follows:
"3001. Promptly inform person in direct
charge of work of every personal accident,
even though extent of injury appears to be
slight. When person in charge is in immediate vicinity, report should be immediate.
When person in charge is not in immediate
vicinity, inform him at earliest opportunity
but not later than quitting time on day of
accident.
3002. Obtain immediate first aid or medical
attention for all injuries."
and for the falsification of GT Form 3902 dated
October 19, 1994 which alleges an injury sustained
by yourself in June, 1994 at Marcellus, Michigan,
and not reported until October 19, 1994.
The hearing was held on November 3, 1994, as scheduled.
As a result of the hearing, Claimant was found guilty as
charged and assessed a twenty-five demerit penalty.
This Board has reviewed the record of the case and
concludes that Claimant received a full and fair hearing and
that the record supports a finding of guilt. This Board is
of the opinion that deviations from the rules in regard to
the late
3 7v,5'-
7S
3
filing of injury reports is serious and Carrier's assessment
of a twenty-five demerit penalty was not inappropriate.
Claim denied.
R.E. Dennis,
Neutral Member
R. O'Brien, Bartholmmay,
Carrier Member E ploye Member
February 20, 1996
Date of Adoption