He indicated on the report that he thought the injury might have occurred when he was carrying 136 lb. molds over less than a smooth service about 20 or 30 yards with no dolly available.
An Investigation was scheduled to be held on October, 1ti. At the request of the Organization, the Investigation was postponed until October 27, 1999. On October 22, the Organization requested another postponement indicating that Claimant would not be available on the date scheduled because of his medical treatment and medical appointment. The new date was December 2, 1999.
The Investigation was held on December 2, 1999, without Claimant in attendance. In fact, it was held up for better than an hour waiting for some word from Claimant, i.e., whether he was an route, whether he could not attend because of a physical disability or whatever. Claimant did not contact anyone regarding his not being available on December 2, 1999.
The Investigation commenced over the objection of Claimant's representative's request for a postponement.
Board decisions have held that Cialmant has the option of attending the investigation, but should he choose not to attend, he does so at his peril as the Carrier witnesses' testimony will stand unrefuted.
the 138 Ibs. Claimant reported on the Injury report. It also developed that Claimant could have used the company truck to move the molds closer to the storage shed, or he could have requested a dolly. Carrier stated they would not have had an objection thereto even if one was bought. In other words, Claimant, in Carrier's view, did not maintain a safe course, nor did he follow safe lifting practices when he did not request assistance or stop to obtain the mechanical means necessary to complete the task.
It Is also noted that Claimant was under the jurisdiction of a Welder, and this Welder testified Claimant did not complain that the carrying of the molds was unsafe or that he should have a dolly to accomplish the movement.
The Carrier has furnished sufficient evidence to establish Claimant's culpability, but to this Board a thirty day actual suspension to a fairly new employee is somewhat harsh. The 30 day actual is reduced to a 5 day actual suspension. Claimant Is to be made whole for any time he may have lost as provided for in the Agreement.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier Is ordered to make