PUBLIC LAW BOARD 6394
lirothcrhoo<l of Maintenance of War En1plnyes )
Division - Ilfl' Rail Confcrc..-i1cc )
)
And )
)
Norfolk Southern Railway Company )
(l:ormer Norfolk & Western Railway C:Ompany) )
Case No. 83
Award No. 83
Richard K Manft, Chairman and Neutral Member
Jed Dodd, Employee Member
D. L. crby, Carrier Member
"Cfaim of the Systeni Cmnmittc.-c of the Broth<.·rhoud that:
The Carrier's dil!Cipline (!5 Jay actual suspension) of Mr. R. J,k·n, issuc.-<l by Jetter dateJ February 23, 2015, in connc.-crion with his alleged non-compliance with the timely reporting requirements of Norfolk Southern Safc..ty and (;enentl Conduct Ruic N, which required him tn prumptly report any medical treatment tu his supc:rvisor, in thar his January 2, 2015 notice to his supen·isor that he had n-c<.-i,•L-c.l medic,! athmtion between December 11, and December 30, 2014 including an MIU, for an on duty injury to his shoulder that he incurred on No\'cmbcr 12, 2014 was untimely, was :trbirrnry, c:1pricious nnr.1 unwarranted (C.'lrrier's file M\Xl-l>l'lT-15-07-Ll\l-025 NWR).
As a consc.-qucncc of the ,•ioL1t.in11 referred to in t>art 1 abo\'c, Claimant R.
Iden shaJl rccch·c maximal rcml.-c.ly nllmvcd under Rule 30(d) uf the 1\grcement."
FINDINC iS:
Public Law Hoard 6349, upon the whole record and all of the l.''\'ir.Jcncc, finds and hokls that Employee and Carrier arc cmploy4.-c and carrier within the mc.-aning of the: Railway I .a.bur Act, n.,; amended; and, that the Hoard has jurisdiction over the dispute hcrdn: and, that the partic.:s to the dispute were hrivcn due notice of the hearing thereon and did participate therein.
'lbi-. Award is based on the facts and circumstances of thi,; particular case and shall not scn·c a, a precedent in any other cases.
Public I.aw HrntrJ No. 6394
Award No. 83
'111<.· dispute in thi11 matter was resolved before oral hearing. C:laimant hu agrt'l'U to rclca!IC nU claim:; against the Carrier. i\ccorJingly, the Clnim is moot and Jismi11scd.
Claim Ji.'(misiccd.
D. L. Kerby. Carrier Member
Dated at Chicago. Illinois. January 12. 2018