PUBLIC LAW BOARD NO. 4338
PARTIES) UNION PACIFIC RAILROAD COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
1. The discipline (twenty (20) days suspension-deferred) assessed
Sectionman W. R. Young for alleged violation of various company rules
as indicated in Mr. Gary Thompson's letter of July 31, 1989, was
arbitrary, capricious and unwarranted.
2. The claimant's record shall be cleared of the discipline re
ferred to in Part (1) hereof, and he shall be compensated if he
suffers any lost time in this regard.
FINDINGS: This Public Law Board No. 4338 finds that the parties
herein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant was notified to attend an investigation
in Idaho Falls, Idaho on July 18, 1989 to develop the facts and
determine responsibility on charges he allegedly sustained injury
to the fingers of his right hand on June 8, 1989 and did not report
the incident as required until July 7, 1989 in possible violation
of General Rules E, I, 600 800, 803, 804, 4000, 4008(A), 4008(B)
and 4014 of Form 7908, Safety, Radio and General Rules for All
Employees.
D. J. Kula, Track Maintenance Manager, testified that his responsibility included Section 6092 at Idaho Falls, and the claimant was a
member ofthat gang. He stated that the claimant and Richard Cordona, the Section Foreman, came into his office on July 7 and the
claimant asked for an accident report.
Mr. Kula testified that he asked the claimant why he wanted the accident report, and he showed him his finger and said that on June 7 or
8 while they were unloading drill (I think it was drill, saw?),he
sliced his finger open with the box.
Mr. Kula also testified that the claimant advised him he went to the
doctor because his finger was swelled_up, and he
though it
was full
of some liquid and the doctor would drain it, but the doctor had him
take x-rays. He testified he guessed the x-rays showed he had a _
chipped bone in there and this was why he wanted to fill out an
accident report.
Mr. Kula testified that he was available on June 8 by radio communications, and the policy on the district was that any manager must be
q3,3b
Award No. 42
Page 2
notified of any injury. fie stated he was never notified by anyone
of this incident prior to July 7.
Mr. Kula also testified that Relief Foreman Wynn Iiibbert and Par!
Cannon were present. Ile stated that lie questioned Mr. liibbert as
to why he had never reported the cut, and Mr. Ilibbert replied that
he did not believe it was serious.
Relief Foreman flibbert accepted the responsibility for failing to
make out the accident report and was assessed discipline for not
doing so.
The claimant testified he had been with the railroad for 34 years
and had never filled out an accident report. fie stated that he had
beer. in, acct'dents before, but the foreman or somebody else had
filled them out. The claimant testified that prior to June 8 he
had never been told that he had to make out the accident report
when he was injured.
The claimant testified that he went to a doctor approximately one
week before he told Track Maintenance Manager-Kula--that he needed
to make out an AX.
The claimant also testified that he showed Relief Foreman Hibbert
his finger and told him what had happened. fie stated that Foreman
Ilibbert stated he did not have any accident reports in the pick-up,- '
and the Roadmaster was not in his office, and lie looked at the
finger and figured maybe it wouldn't be necessary. lie testified he
put a bandaid on the cut and continued working.
Pursuant to the investigation the claimant was assessed twenty days
deferred suspension. The evidence establishes that_the claimant
did not report the injury as required by the rules-.- Therefore,
there is no justification to set the discipline aside.
AWARD: Claim denied.
DATED: October 9, 1989.
Preston J b7 ore. Chairm n
Union Me fiber
~.i
Carrier Member