PUBLIC LAW BOARD NO. 5850
{Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement when Claimant J. T. Moore
(6475560) was issued a Level S 30-day Record Suspension with a
one year probationary period for violation of Maintenance of Way
Operating Rules 1.2.5 - Reporting, 1.3.3 - Circulars-Instructions &
Notices, Rules 1.1.3 - Accidents-injuries & Defects, and General
Notice 2 dated on January 1, 2008. The Claimant claimed an injury in
September 2007 but did not report the injury to the BNSF until filing
report dated October 3, 2008. Mr. Moore should be paid for all wages
lost and made whole commencing October 1, 2008 and continuing
forward and/or otherwise made whole.
2. As a consequence of the violation referred to in part 1 the Carrier
shall immediately correct the Claimants discipline records and make
Claimants whole for all time lost.
FINDINGS
Upon the whole record and all the evidence, the Board finds that the parties
herein are Carrier and Employee within the meaning of the Railway Labor Act, as
amended. Further, the Board is duly constituted by Agreement, has jurisdiction of the
Parties and of the subject matter, and the Parties to this dispute were given due notice of
the hearing thereon.
Claimant, an employee since March 25, 1974, with an almost perfect discipline
record, alleged he suffered an injury on/or about September 20, 2007, but did not report
it until October 1, 2008.
It is apparent that Claimant's periods of limping and of leg and back aches
commenced after the date he fill in a hold dug in process of affecting repairs to a bridge.
PLB NO. 5850
Page 2
Award No.
Case No. 367
His injury report reflects that since the date he fell in the hole, he has been working with
various aches and pains to his left leg, left hip, and sometimes to his right leg or hip or
both.
There is no reward for toughing it out and having to alleviate the pain by various
methods. The crew he worked with knew of his hurt and worked around him by
assigning
t''.1'
h:n': dwt:e°s that would be the least strain.
When Claimant fell in the hole in September, 2007, he should have reported it
within 72 hours to protect himself from what occurred. Late in September of 2008, after
a vacation period where he tried various home remedies, he still hurt.
The Carrier has furnished sufficient evidence of Claimant's culpability for the
charges assessed. The discipline of a 30-day record suspension (no lost time) and a
one-year probation period is light.
The claim will be denied.
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Clalmant(s) not be made.
6A,;VI,-Z"U
Robert L. Hicks, Chairman & Neural Member
David D. Tanner, For the Employees
Dated:
//" t.r-
Glenn W. Caughron, For the crier