PARTIES TO DISPUTE:



1. That the Carrier's decision to suspend Claimant from its
 service for a period of seven (7) actual days was excessive,
 unduly harsh and in abuse of discretion and in violation of the
 terms and provisions of the current Collective Bargaining
 Agreement.

 2. That because of the Carrier's failure to prove and support
 the charges by introduction of substantial bona fide evidence,
 that Carrier now be required to compensate Claimant for any and
 all loss of earnings suffered, and that the charges be removed
 from his record.

 FINDINGS
Upon reviewing the record, as submitted, the Board finds that the Parties herein are Carrier and Employes within the meaning of the Railway Labor Act,-as-amended,--and that this Special Board of Adjustment is duly constituted and has jurisdiction of the Parties and the subject matter; with this arbitrator being sole signatory.


Southern. On June 28, 1991, he allegedly sustained an injury
 when he dropped a claw bar on his left foot. He did not report
 the injury. He worked the remainder of that day, which was
 Friday, and was offwork until the following Wednesday, July 3,
 1991, having taken a personal day on Tuesday. On July 9, 1991,
 he filed an accident report, claiming the June 28, 1991 injury.
 Two days later, July 11, 1991, the Carrier sent a charge
 letter to the Claimant advising him to be present at a hearing
 to be held on July 19, 1991, in the Superintendent's conference
 room at 833 East 8th Street, Stockton, CA. The purpose of the
 hearing was to determine his responsibility in violating the
 following rules:

      Rule A


      Safty is of the first importance in the discharge of duty. Obedience to the rules is essential to safety and to remaining in service. The service demands the faithful, intelligent and courteous discharge, of duty. Rule B


      Employes whose duties are prescribed by

      these rules must have a copy available for

      reference while on duty.

      Employes whose duties are affected by the

      timetable and/or special instructions must

      have a current copy immediately available

      for reference while on duty.

      Employes must be familiar with and obey all

      rules and instructions and must attend

      required classes. _

      If in doubt as to the meaning ofany rule or

      instruction, employees must apply to their

      supervisor for an explanation..

      Rules may be issued, cancelled or modified

      by general order, timetable or special

      instruction.

      When authorized by Superintendent, General


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                                            ~laas -~


Orders or special instructions may be cancelled, modified or issued by train order or Form Q or track rule.

 Rule D

 Employes must cooperate and assist in carrying out the rules and instructions, and must promptly report to the proper officer any violation of the rules or instructions, any conditions or practice which may imperial the safety of trains, passengers or employes, and any misconduct or negligence affecting the interest of-the Company.

 Rule E

 Accidents, fires, personal injuries,-defects - in track, bridges or signals, or any unusual condition which may affect the safe and efficient operation of the railroad, must be reported by the first means of communication. Written report must follow promptly when required.

 Rule I

 Employes must exercise care to prevent injury to themselves or others. They must be alert and attentive at all times when performing their duties and plan their work to avoid injury.

 Rule 4001

 Taking Precaution: Employes must take every precaution to prevent injury to themselves and other persons under all conditions not provided for by the rules. Employes must not rely entirely upon others, but must protect themselves when their.own safety is affected.

 Rule 4004 -

 Reporting: All cases of personal injury, while on duty, or on company property must be promptly reported to proper authority on prescribed form.

 Personal injury occurring while off duty must be reported to the proper authority as soon as possible and prescribed written form completed upon return to service. - .

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While this Board questions whether the Carrier successfully proved all the charges against the Claimant, it is clear he violated Rule 4004 when he did not report his injury in a timely manner. The only real question for this Board is whether the Carrier followed the concept of progressive discipline when it issued a seven (7) day actual suspension.
 The Claimant has served the Carrier for over twenty-three (23) years, having started his service on April 10, 1968. The only other rule violation listed on his employment record was in 1987, for the-same type of offense, namely the failure to report a personal injury in a timely manner. The Board recognizes the Carrier's concern that the Claimant may not have learned his

 lesson, from the first rule infraction in 1987, when he was __
 issued a Letter of Reprimand. However, in keeping with the
 concept of progressive discipline and in consideral.ion of the
 Claimant's employment record, we believe a less_sevEre penalty
 is in order here, before we arrive at that conclusion.

      The Board cautions the Claimant, that in the future he must


immediately report, to the proper authority, any incident in- -
 which he suffers the slightest injury. Furthermore, he should
 not consider a co-worker the proper authority. He should also
 be aware, as in the instant case, that any time an employe
 allows days to elapse before reporting an accident or an injury,
 there is cause-to doubt the truthfulness of-the employe's
 explanation. -It just is not conceivablethat thepain and
 discomfort from aninjury would not show up for an entire week.

                            4

                          AWARD


The Claim is sustained in part, the seven (7) day actual suspension is-to be reduced to a three (3) working days suspension.

                                          ~v


                              Zarol amp

                              Neutral


Submitted:

 September 26, 1990 Denver, Colorado

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