799
Public Law Board No. ,L
Parties to Dispute:
Brotherhood of Maintenance
of Way Employees
and
Seaboard System Railroad
Statement of Claim:
1. The 25-day suspension imposed upon Trackman
M.H. Carter for allegedly making false statements relating to
an on-duty injury was without just and sufficient cause.
2. Claimant's record shall be cleared of the charge
leveled against him and he shall be compensated for all wage
loss suffered.
Findings:
General Rule 10 prescribes that "Employees must
report promptly to Supervisor any personal injury occurring on,
duty or on Company property." The Rule is reasonable and
fairly reflects the interests of the employee as well as of
Carrier.
Upon a careful analysis of the record, this Board
is satisfied that Claimant flagrantly violated Rule 10 and
PLB-3794 2'
Award 916
that the 25-day suspension is not unwarranted.
Claimant dial not report until April 1984 an alleged
1981 on-the-job injury. While it appears that he had been
absent in 1981, these absences were due to vacation and zo a
personal sickness. There was no pre-1984 record of
a
reported
injury in 1981 or of, bills received by Carrier based on a 1981
injury.
Testimony offered by three of Claimant's fellow
workers as to a 1981 injury is vague, inconsistent and unimpressive.
In the light of safety considerations, exposure to
litigation and concern for employee's legitimate claims, Carrier
is certainly entitled to reasonably prompt notice of any on-zhejob injury. The Rule will be strictly enforced.
There is no basis for setting aside the discipline
assessed by Carrier.
Award: Claim denied.
Adopted
nft
Jacksonville, FloridaPVV'~b 1985.
w
Haro M-7-7eston, Chairman
Employee biem r