PUBLIC LAW BOARD NO. 6719
PARTIES) Union Pacific Railroad Company
TO )
DISPUTE) United Transportation Union
COMPANY FILE: 1386749-D
UTU File No. Jacquinot, K. A.
STATEMENT OF CLAIM:
"Request on behalf of Hostler Helper K. A. Jacquinot, that he be reinstated to
service and compensated for all monies lost as a result thereof from time withheld from
service until restored to service, i.e., payment for all wage equivalents to which entitled,
monetary equivalent of lost productivity shares, health and welfare benefits
restored(including monetary loss of any coverage of such while out of service) seniority
and vacation rights unimpaired and for attending formal investigation on February
2,2004, for alleged violation of General Rule 1.6 of the GCOR and SSI Item 10-A,1.6
Conduct, in connection with allegedly being dishonest by misrepresenting facts and
circumstances relative to an injury reports on Form 52032 which occurred on January 15,
2004 while working as crew member on the EHH-32-14."
OPIhtION OF BOARD:
Claimant K.A. Jacquinot was working as hostler helper on Job EHH32-14 on
January 14,2994 at Settegast Yard. At approximately 3:20 am. the claimant was
informed by the hostler that the six engines they were handling were pulling hard and to
check that all handbrakes were released. While entering one of the engines through the
rear door, the claimant tripped on a hole in the floor and stated he injured
his
leg. He
reported the alleged injury during his shift and finished
his tour
of duty. He initially
declined medical attention but on his drive home decided to see his doctor. His doctor
PLB No. 6719
Award No. 17
Page 2
diagnosed the problem as a strain and recommended rest and prescribed some
medication. The claimant was off January 15 through 19 and returned to work on January
20. On January 21, 2004, after completing his tour of duty, the claimant filled out Form
52032, a personal injury report. On the report he described the injury as follows:
" I walked in the back door of the engine, and was talking to MYO Ray Hare on
my radio. There was a long panel door banging open blocking my view of the
floor. As I entered the engine, I lifted the panel door and step in, there was no
floor panel so I tripped."
On January 23, 2004 the claimant was notified to attend an investigation. In this letter he
was notified that the investigation was being held:
"to develop the facts acid place your responsibility, if any, in connection with your
allegedly being dishonest by misrepresenting the facts and circumstances relative
to injury reported on Form 52032, alleged to have occurred on January 15, 2004
at approximately 3:20 am., while working as crew member on job EHH 32, at
Settegast Yard"
Following the investigation he was notified that he was dismissed for his violation of
Rule 1.6 in connection with his being dishonest in misrepresenting the facts and
circumstances relative to an injury reported on Form 52032.
The Carrier argued that the record proved that the claimant was dishonest in
reporting his injury. The Carrier pointed to several facts to support its conclusion. First,
the claimant refused the Carrier's offer of Medical Attention. Second, the claimant
finished his tour of duty and in fact worked overtime without any discomfort. Third, the
claimant filled out his accident report six days after the incident denying the Carrier the
opportunity to investigate what occurred. Finally, the claimant did not remember the unit
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Award No. 17
Page 3
number of the engine where he tripped. The Carrier further stated that the record showed
that there were inconsistencies between the claimant's statement and the physical
evidence. The Carrier officers stated that this evidence proved that the incident did not
occur as the claimant stated. The Carrier concluded that it should not be required to retain
employees who are not honest.
The Organization stated that the Carrier failed in its burden of proof in
establishing that Claimant misrepresented the facts. They stated that the Carrier is basing
its whole case on whether the claimant remembered whether there was a door on the
engine or the position of the engineer's seat or whether there was an engineer's seat. The
Organization concluded that the record showed that the claimant injured himself when he
was walking and stepped on the floor where a panel was missing.
The Board finds that the evidence in the record does not support the conclusions
reached by the Carrier. The record showed that the engine in question had a panel door
hanging down blocking the view of the hole in the floor that was partially covered by
another panel laying over the hole. This is how the claimant described the incident. Based
on these facts, the Board can not conclude that the claimant misrepresented the facts
relative to the injury reported on Form 52032 that occurred on January 15,2004. As the
Carrier failed to meet its burden of proof, the claimant should be restored to service and
paid for all time lost.
PLB No. 6719
Award No. 17
Page 4
Findings: Claim sustained.
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X)Qk;"3R. B. Weiss
Carrier Member
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Neutral Member
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M.B. Futhey, J
Organization Member
