PUBLIC LAW BOARD N0. 4021



PARTIES The Brotherhood of Maintenance of Way Employes
 TO and
 DISPUTE The Atchison, Topeka & Santa Fe Railway Company

 STATEMENT 1. Carriers decision to remove Albuquerque
 _OF CLAIM Division Trackman P. M. Chavez from ser
 vice effective November 30, 1984, was
 unjust.
 2. Accordingly, carrier should be required
 to reinstate claimant Chavez to service
 with seniority rights unimpaired, and to
 compensate him for all wages lost from
 November 30, 1984.
 FINDINGS

 This Board, upon the whole record and all the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted by Agreement dated November 26, 1985, and has jurisdiction of the parties and the subject matter.
 PLB-4021 -2- Award No. 3

On October 9, 1984, Claimant submitted a carrier Form 1421 Standard, reporting that he had suffered a job-related injury on July 2 or 3, 1984, at about 1:00 P. M., near Williams, Arizona. On October 22, 1984, Claimant was instructed to attend an Investigation for alleged violation of Rules 1, 2, 14, 16 and 30 of Carrier's General Rules for the Guidance of Employes, when he allegedly made a late and false report of the injury. The Investi-gation was held on November 5, 1984, and Claimant was discharged from the service of the Carrier as a result of the investigation.


The record reveals that Claimant continued working after the al
 leged injury, and did not seek medical attention until August 21,
 1984, more than six weeks later. Testimony of his Supervisors
 and co-workers indicates that they were unaware of and unable to
 detect any evidence of the alleged injury in the days and weeks
 which followed the date of the alleged injury. Claimant asserts
 that he verbally advised his Foreman that he had hurt his back;
 however, the Foreman denied that he was so advised by the
 Claimant. Claimant asserted that he advised a co-worker that he
 was injured, but, Trackman Gonzales testified that Claimant made
 no mention to him of an injury until "around the 31st" of July.
 PLB-4021 -3- Award No. 3

Subsequent to August 21, 1984, claimant was examined by a series of Doctors, and there is evidence in the record that the Claimant did injure his back. However, there is nothing in the record toindicate that the injury occurred as Claimant indicated on the Form 1421 Standard: that it occurred on July 2, 1984, or at any other time while he was on duty. To the contrary, the testimony of several witnesses, and the Claimant's delay in seeking medical assistance, support the conclusion that his injuries were sustained at another time and place. It is clear that the Hearing Officer reached that conclusion, and we can find no basis to disagree.


Even if Claimant did sustain the injury as he asserts, the record clearly demonstrates his near complete disregard for the Rules of the Carrier. Rule 14 of Carriers Rules provides, in part:


          Employees . . must not withhold information, or fail to give all the facts, regarding irregularities, accidents, personal injuries or rule violations.


And Rule 30, which deals directly with the matter at hand, provides, in pertinent part:

PLB-4021 -4_ Award No. 3
 Employes injured while on duty and who remain
 on duty through the end of their daily shift or
 tour of duty must complete and furnish Form
 1421 in triplicate, giving time, place and
 cause of injury, before the end of their shift _
 or tour of duty . In all cases of injury
 the employe must also give his immediate super
 ior officer prompt verbal notice of injury, but -
 not later than end of shift, or tour of duty.

 Claimant did not complete and furnish Form 1421 as required by the Rules quoted above, in fact, he did not submit the requisite - Form until more than three months after the alleged date of the injury. Claimant admitted during the Investigation that he was familiar with the rules, and offered no reasonable excuse for his failure to comply. We agree with Third Division Award 19298 (Cole), and others, which recognize the Carrier's need and right to be promptly notified of employee injuries. In view of the fact that Award 19298 involved the same property and the same General Rules, we will follow that Award.

 The Board finds that the Claimant received a fair and impartialInvestigation, and that the record supports a finding of Guilt. Given the seriousness of the offenses, discharge was warranted.
 PLB-4021 -5- Award No. 3
 AWARD
 Claim denied.

e 2 2,g~

C. F. Foose, Emp oyee Member L. L. Pope, Carrier member

                      ~Jghnson, Chairman ntral Member


Dated: February 1986