Public Law Board No. 3794
PARTIES Brotherhood of Maintenance of Way Employees
TO
DISPUTE: and
CSX Transportation, Inc.
STATEMENT- Trackman L. L. Lee's dismissal is without just
OF
CLAIM: cause and he shall be reinstated with seniority
and all otherrights unimpaired and compensation
for all wage loss.
FINDINGS: There is some indication that claimant sustained
on-duty injury to his left leg on July 2, 1-985.
He was subsequently, on September 9, 1985,
medically released for full duty. When he had
not reported for work by September 24, 1985,
Roadmaster Simmons instructed him by letter to
furnish Dr. Mead, Carrier's Chief Medical
officer, medical reports covering the September
9 to 24, 1985 period. The letter was sent by
Certified Mail-Return Return Requested to his
registered address.
3.79 y_ y~
Claimant failed to comply with Mr.- letter of September 24 and he was charged with
insubordination and absenteeism. He did not
appear at the hearing held in this matter and
was thereafter dismissed.
We are disposed to give some latitude to an
employee who has sustained an on-the-job injury.
However, it is every injured employee's
responsibility to keep his employer apprised of
his situation and the reasons for his absence
after being medically cleared to return to work.
At the very least, claimant owed Carrier that
courtesy and, more importantly, that obligation.
A job is serious business and it was not his
place in this setting to play games with his
employer.
The Simmons letter of September 24 was
unambiguous and mailed to claimant's regular
address where it was signed for by his mother.
With a leg injury, he reasonably could have been
expected to communicate with Carrier and no
evidence has been introduced to show that due
to some exceptional circumstances or physical
handicap claimant could not meet minimum
obligations of communication.
7g~-W
If claimant had some good reason,for not
reporting to duty and presenting all the medical
information ordered by Mr. Simmons, it was his
obligation to bring those reasons to Carrier's
attention in timely fashion and to cooperate
with his employer. -
There is no basis on this record to reverse
Carrier's decision.
Adoptgd at Jacksonville, Florida,
tY,A9t-k /'J , 1987.
1.
Carrier Member Employee Member