The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.
Claimant was dismissed from the Carrier's service on March 19, 2004 for violation of rules related to the timely reporting of an alleged work-related injury. At the time of his dismissal, Claimant had some thirteen years of service with the Carrier most recently as a trackman on Gang 157. He had previous railroad service dating from 1974 with the Illinois Central.
Our review of the record in this matter does not reveal any significant procedural irregularities that warrant commentary.
determination that Claimant violated its injury reporting requirements. Claimant began seeking medical treatment for pain in both hands and wrists in January of 2003. It appears that Claimant had discussions with his doctor in that same time frame about whether there was a carpal tunnel syndrome connection. Nonetheless, it is undisputed that Claimant did not inform the Carrier of the situation nor did he file any reports of injury. The Carrier's first knowledge came via the service of a lawsuit more than one year later for injury damages allegedly related to the duties, equipment, and work practices associated with his job.
Given the foregoing considerations, we find that Claimant's failure to properly report his alleged injuries was established by the unique facts of this record. Under the circumstances, the claim must be denied.