PUBLIC LAW BOARD NO. 6461

Case No. 5 Award No. S

PARTTES Brotherhood of Maintenance of Way Employes

To - and -

DISPUTE: Grand Trunk Western Railway
STATEMENT OF aATM:

Appeal of Melvin Thompson, to have the discipline of 15 demerits removed from his record. FINDTHGS: On June 28, 2001, the claimant was given a notice charging him with the following offense:

"Failure to follow direct instructions given to you by Supervisor G. Duddleson on Thursday June 21, 2001, regarding the reporting of personal injuries to him immediately upon occurrence, when you failed to report an injury sustained by Welder Helper, J. wberg at approximately 1330 hours, Monday, June 25, 2001 until 1837 hours June 25, 2001."

Subsequent to a hearing held on July 10, 2001, the claimant was found guilty of the offense for which he was charged, and he was assessed discipline in the form of a 3 day suspension and 20 demerits. On appeal, the Carrier reduced the discipline to 15 demerits.

We have thoroughly reviewed the hearing transcript and find that we cannot sustain the Carl, ier's position in this caae. In our view, under -6c facts and circumstances surounding Nix Wiberg's alleged injury, particularly noting his reluctance to accede to several of the claimant's requests, we deem the claimant did everything that could be reasonably expected of him.

On the basis of our review of the record. we find the Carrier failed to meet its burden of proof in this case. Therefore, the discipline will be removed from claimant's record.
PLB No. 6461 C-5/A-5 Page 2

AWARD: The claim is sustained.

Mar J. Kovacs
Carrier Member

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ranci I omzal~l
Neutral Memher

Perry Geller. Sr.
Organization Member