PUBLIC LAW BOARD NO. 5942
Case No. 34 Award No. 34
PARTIES Union Pacific Railroad Company
to and
DISPUTE: Brotherhood of Locomotive Engineers
STATEMENT OF CLAIM
Request that the level 3 discipline be
removed from Engineer G. R. Morris'
record and that he be paid for all
time lost' arid- vacation .rights, .unimpaired.
FINDINGS: This claim arose because of an incident that occurred on
July 26, 1996 at the Carrier's Lloyd Yard, Spring, Texas. On July 26, -
1996, the Claimant and Mr. R. A. Humphrey ("Humphrey"), a Conductor,
as well as a fellow crew member were working a train at the Lloyd Yard.
At approximately 10:40 p.m., the Claimant heard some cars hit, braced
himself and, in some fashion, injured (bruised) his shoulder. At the -
time of the injury, he was outside of the engine on the engineer's
side of the platform when he apparently was slung around by the slack
action of the cars hitting. The primary issue before the Board is
whether the Claimant ("Morris") failed to "properly report" the injury as required by the Carrier's operating rules.
The Organization contends that the proceedings on-the-property
were not fair or impartial. Without prejudice to that position, the
organization also contends that the claim should be sustained on its
merits.
With respect to the fairness issue, while the organization's
position is not without merit and while we note that the charge letter -
lacked a degree of specificity, we find that this claim should be
decided on its merits.
The Carrier's operating Rule 1.25-Reporting, is very specific.
In part, it states that "a11 cases of personal injury, while on duty -
or on Company property, must be immediately reported to the proper
manager and the prescribed form completed."
As noted earlier by this Board in its Award 33, there are many
important reasons for the requirement to promptly report injuries.
For the sake of its employees and the public, the Carrier has an obli
gation to operate in a safe manner. Moreover, it must protect itself
PLB No. 5942 C-34/A-34
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against possible liabilities arising because of personal injuries.
It also has a responsibility to administer these safety rules in a
responsible and reasonable fashion. This means that each case must
be examined within the context of the overall circumstances at the
time of the incident.
Clearly, a fair reading of the transcript of the hearing leads
the Board to conclude that the Claimant did not ignore his reporting
responsibilities. He reported the injury immediately after it occurred
to Humphrey. Both Humphrey and the Claimant were under the impression
that Humphrey was the supervisor. This conclusion was clearly shown
by the testimony. Accordingly, with respect to the Claimant, there
is an argument reasonably drawn that he did report his injury immediately.
Given this evidence and evidence he then filled out his reauired -
"705 Report" and reported his injury to Mr. M. T. Wilde ("Wilde"),
the Manager of Train Operations in Taylor, Texas (the location where
Humphrey and the Claimant filled out their time cards and went off
duty), we find that he complied with the Rule. The Board also notes
that Wilde, at the time the Claimant reported to him, gave no substantive indication that the Claimant had erred by not reporting to
one of the supervisors at Lloyd Yard.
In summary, to discipline the Claimant for not preparing his
written report until the end of his trip, serves no useful purpose.
At the most, it may have been appropriate to discuss reporting -
requirements with the Claimant, Humphrey and Wilde.
AWARD
he claim is sustained.
y,
1
ii
1m McCoy Eck hard Mue oig . A. Banniste
Organization Member Neutral Me er Carrier Member
Dated: