The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated January 5, 1959, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
A review of the record in this case reveals that Claimant Munger was afforded a fair and impartial hearing on the charges
preferred. . . -With regard to the issue of Claimant's guilt or innocence, the record does not contain sufficient probative evidence to support Carrier's culpability determination this case.
This Board is not unmindful of the fact that Carrier is entitled to prompt and factual injury reporting from its employes; however, the weight of probative evidence in this case urges the Board to conclude that Claimant Munger made reasonably prompt attempts to apprise his immediate supervisor and through him superior Carrier officers of the heat exhaustion attack he suffered on July 21, 1987.
In view of all the facts and circumstances obtaining, the Board finds that the 30 days deferred suspension assessed Claimant should be expunged from his personal record.