Public Law Board No. 3794
PAR Brotherhood of Maintenance of Way Employees
DISPUTE
: ahd
Seaboard System Railroad
STATEMENT- Appeal from 15-day suspension imposed upon Trackman
CLAM
: L. Reyna fo.r alleged violation of Rules 10 and 18.
FINDINGS
: The record -amply supports `Carrier's finding that
in violation of Rule 10 claimant unduly delayed
reporting to his supervisor that he had sustained
a personal injury while on duty. When he complained
to Foreman Hodges on August 11, 1982 that his back
was bothering him, he indicated that he did not
think he had hurt his back while at work. Although
claimant was advised at that time and on August 13,
1982, that he would be sent to the company physician
for a check-up if he believed he had been injured
on the job, he declined to do so and instead per
formed his 'assigned duties on August 11, 13 and 16.
It was not until August 17 that he indicated that
he might have hurt his back while at work.
Rule 10 is not unreasonable. Carrier is properly
concerned about the employe's welfare as well as its own exposure to-
3-79Y-9
.2
costly litigation. We find no basis for substituting our judgment
for that of-Carrier as to the discipline administered to claimant.
However, we consider it important to admonish Carrier to consider its charges and findings 'with greater care and concern for an employee's record. There is no evidence to support its
finding that Rule 18's provisions as to "dishonesty" and "insubordination" are applicable to this case., ,Findings of that character should
not be made unless supported by substantial competent proof. The
suspension will be reduced to,10 days.
AWARD: Suspension reduced to 10 days. To be effective
within 15 days.
Adopted at Jacksonville, Florida, tylqt,i 30~ 1985.
~1
o .rWeston, Cha rman
a rier Member Employee Membe·