1. That the Carrier's decision to issue a Level 1 Formal Reprimand for Central

Region, N. Nalwood and J. L. Lopez was unjust.

2. That the Carrier now rescind their decision and expunge all discipline, and

transcripts and pay for all wage loss as a result of Investigation held 9:00

a.m. February 17, 1998 continuing forward and/or otherwise made whole,

because the Carrier did not introduce substantial, credible evidence that

proved that the Claimant violated the rules enumerated in their decision, and

even if the Claimant violated the rules enumerated in the decision,

suspension from service is extreme and harsh discipline undgr the

circumstances.

3. That the Carrier violated the Agreement particularly but not limited to Rule

The Lead Welder, at about 3:30 PM, called his Supervisor at his office, leaving a phone mail message regarding his assistant's fall. At about 6.30 PM Friday evening, Claimant Lopez called the Division Engineer to report the accident, but did not then request medical attention. However, shortly after midnight on Saturday, Claimant Lopez sought medical attention from a hospital emergency room and subsequently from a Company Doctor on Monday.

The charge to each Claimant was that each "failed to properly report injury." The Rules cited as to have been violated read as follows:

"S-28.1.3 Accidents, Injuries, and Defects

Report by first means of communication any accidents; personal injuries; defbcts in tracks, bridges, or signals; or any unusual condition that may affect the safe and efficient operation of the railroad. Where required, furnish a written report promptly after reporting the accident.

5-28,2.5 Reporting

All cases of personal injury, while on duty or on company property, must be immediately reported to the proper manager' and the prescribed form completed.

A personal injury that occurs while off duty that will in any way affect employee performance of duties must be reported to the proper manager as soon as possible. The injured employee must also complete the prescribed written form before returning to service.

S-28.13 Reporting and Complying with Instructions

Employees will report to and comply with instructions from supervisors who have the proper jurisdiction. Employees will comply with instructions issued by managers of various departments when the instructions apply to their duties."

Claimant Lopez's immediate Supervisor in the field was the Lead Welder, Claimant Nalwood. The Lead Welder did know of the incident and did report same via phone mail to his Supervisor.

Because the assistant did not require medical attention, the Lead Welder did not, at 2:30 PM when his assistant fell, report the incident, but did so near the end of his shift at 3:30 PM. The

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Lead Welder was not aware that his assistant suffered to the degree he did, and obviously believed he had complied with the Rules.

The Carrier witness, when questioned by the Claimant's representative as to the requirement of the Rules in incidents such as this, stated that;

^...A_ There's a Cancer rule, Sir, that says that any time an incident of injury or injury

is reported, they're supposed to report it to the supervisor of the territory before the

work shift ends ...."

The only fault of the Lead Weider that is evident is that he did not try to track down his Supervisor via whatever means possible to report what he believed to be a minor incident. The assistant did comply when he reported it to his immediate Supervisor, the Lead Weider, and then when he again reported it to the Division Enginear Friday evening when the soreness really started to bother him.

In reviewing the Rules cited and analyzing each in view with what occurred, the Board finds that neither Claimant was in violation. Both complied with the literal intent of the Rules.

Claim sustained.

.ORDER