that the Cardsr's decision to Iwo a Level S thirty (30) day Suspension to Central Region Welder R. K. Zany was unjust.
That the Carrier now reinstates Claimant Zang with seniority, vacation, ail benefit rights untmpaind.and pay for all wags lose as a result of an Investigation heed 10:013 a.m. on October 29, 1999 continuing forward and/or ottterwife made whole, because the Carter did riot Introduce subsiantlat, credible evidence that proved that the Claimant violated the rules enumerated in their deciaion, and even H the datmant violated the rubs enumerated in the decision, suspension from service is extreme and. harsh disoipline under the circumstances.
Upon the whole record and ail the evidences, the Board finds that the parties h®retn ara.carrirr end employee within the meaning of the Railway Labor Act, as amended. Further, the Board !s duly constituted by,llgroement; has jurisdiction of the Parties end of the suAjset matter, and the Parties to feels dispute ws» given due
On September !7,1999, Claimant wfttt a hers date of June !,1968, was working in Clovis Yard cutting out old yard tracks. The track beets were rusted tight, so Page 2
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Claimant and one other cut the bolts behind the nut, then using a mundle and a punch, pounding the bolt through the bracket and tall. in the process, a place of metal suspected to be from the punch, broke 10010, hitting Claimant In the chest. Claimant *uttered a punciurs wound which he mistook for s cut, Me simply applied a bandald and continued the day's work.
That evening (September 17) he went to his doctor and an x-ray revealed a place of metal Imbedded In his bleep. The doctor indicated that some people live for years with the Imbedded metal without suffering any aide effects and some do have aide effects. At that moment, Clalmaltt went along with doing nothing, working everyday, until about the and of September when an Infection developed, necessitating the surgical removal of the metal bit. Claimant reported the Injury September 28,1990.
Because of the lab reporting, an fnvessgMn was scheduled and finally hold on October 29,1999, after several mutually ogre" postponements. Claimant was suspended from service for 30 days for his late reporting.
Them is no disputing the facts. Claimant admitted to the violation stating only that he had difficulty In talking with his Supervisor, plus they had a deralknant on this day and he did not want to bother anyone.
Discipline Is warranted, but under the circumstances, a 30 day suspension is somewhat harsh. Claimant did have one prior discipline assessed, formal
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Case No. 136