PUBLIC LAW BOARD NO. 4338
PARTIES) UNION PACIFIC RAILROAD COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
1. The discipline (30 demerits) assessed_California Division
liridve and Building Subdepartment Carpenter D. Ojeda for alleged
violation of various company rules as indicated in Mr. J. R_
deff's
letter of August 1.1, 1986 was arbitrary, capricious and
"nwarranted.
The claimant's record shall he cleared of the discipline re'erred to in Part (1).
V1fJ1-IIN(~S: This Public low Board
No. 433l
1-rods that the pare ic·s
h-oin are Carrier and Employeo-within the meaning of the Railway
rabor Act, as amended, and that this Board has jurisdiction-. -
to this dispute the claimant was
notified
to attend a formal in-
---_ -
vestigation in Los Angeles, California to develop the facts and
determine his responsibility in connection with an alleged injury
he reported on June 6, 1986 while riding in back of a pickup truck -_
at approximately 3:05 p.m. on June 5, 1986, East Yard, Los Angeles,
California indicating violation of General -Rules A, B, D and L and
General Rules 600, 604, 611, 612, 618, 6-21, 4000-; -1001, 4002,'4004,
·1102, 4263 as contained in Form 7908, Safety, Radio and General
Rules for All Employees, effective April, 1985, last revision April
27, IJSEi.
Pursuant to the investigation the claimant
was
loundguilty and
was assessed thirty demerits=
The
claimant appeared at the investigation but refused to answer
any questions, including whether he received the notice of inves
rivation, or his signature acknowledging receipt, or if he wished
to have a representative present. The claimant refused to testify
or to present any witnesses. -
The cvidc.Gc of record establishes that three men and the claimant
completeu their work at the Wash Track and were taking the
pickup
:o obtain gis. The claimant sat
it-
the
back
o_fthe truck. The
-thcr three men all testified that claimant had room to ride with
them in the cab but that he chose to sit in some type of chair in _
the back. This chair was foam padded with no legs.
L_338
Award No. 1C>
Page 2
these three other employees testified that the windows were down
and they did not hear the claimant complain at any time, but when
they returned, the claimant jumped out- of the truck and commenced
yolling obscenities at fir. Moreno, the B&B Foreman, who was driving -th(· truck. 'they testified the claimant. stated that Mr. Moreno had
injured his back.
All of the witnesses testified thcre,was nothing unusual and no
Bumps that could have caused an injury to the claimant. They also
testified that the claimant left and- told-Mr. Moreno that
he
was
going to a doctor. -
The following clay Mr. Moreno went :.o the claimant's home to inquire
if he had an injury, and the claimant said that lie was not a doctor,
ti~ dzan' t k.iow.
The evidence establlslic-s that the claimant departed the property
without filling out an accident- report. The claimant was angry;
tie throw his hard fiat and glasses to the ground, breaking the
j.·, I ashes.
The Board has reviewed all the eiidence, and there is sufficient
evidence for- the Carrier to find that the claimant was in fact
fabricating an injury and that he was k>uilty as charged. The
fact that the claimant jumped to the ground from the rear of the
pickup truck would be sufficient grounds for the Carrier to find
the claimant was not, in fact, injured. The evidence reveals
there were no sharp turns, no speeding and no complaint from the
claimant during the trip in the
vehicle.
The-pickup did travel -
over some speed bumps but witnesses testified they went over the
speed bumps at approximately five miles per hour.
Under the circumstances there is no justification to set the discipline aside.
AWARD: Claim denied.
DATED:
February 19, 1988 - -p, estonr J~. Moore, Chairman
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