Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Union Pacific Railroad Company
 (Former Missouri Pacific)

 Statement
 of Claim: (1) Carrier violated the Agreement, especially Rule 12,
 when Machine Operator S. Mallet was assessed a 30-day
 suspension on October 26, 1990.

        (2) Claim on behalf of Mr. Mallet for wage loss suffered, beginning October 27, 1990 until November 25, 1990.


        Findings: The Board has jurisdiction of this case by reason of the parties Agreement establishing this Board therefor.


        The Claimant, Machine Operator S. Mallet, suffered an on-duty personal injury (neck) on Friday, September 14, 1990. He did not report said injury on that Friday.


        Claimant reported to his Foreman on early Monday morning, September 17, and advised that he had injured his neck on the last work day Friday, the 14th. Both his Foreman and the Manager Track Maintenance (MTM) Brandt talked with the Claimant. Neither instructed him to make out the injury report. They, in effect, asked "would you like to fill out the form." The injury report was finally made out and filed on Wednesday, September 19, 1990.


          Thereafter, the Claimant was formally charged with:


        "Failure to properly report a personal injury."


        A formal investigation was held. As a result thereof, the Claimant was assessed a 30 day suspension as discipline therefor.


            General Rule E reads:


        "Accidents, personal injuries, defects in track, brakes or signals, or any unusual condition which may affect the safe and efficient operation of the railroad, must be reported by the first means of communications. Written report must follow promptly when required."

                        -2- Award No. 527


        The Board finds that the Claimant was accorded the due process to which entitled under Rule 12.


        There was sufficient evidence adduced to support the Carrier's conclusion of Claimant's culpability. The injury incident had occurred on Friday, about 9:30 AM. The Claimant on Friday had talked to MTO Sims after he had inspected the ATS75. Sims asked the Claimant if he was okay and Mr. Mallet advised him that he was okay. Sims observed no evidence of an injury. Also, neither did MTM Brandt.


        However, the Claimant did deny that he was so asked. The facts, in any event, are clear that the Claimant was injured on Friday and he did not report it until Monday and he was reporting it then only "in case he had to fill out the accident report.,,


        In the circumstances, the Board will reduce the discipline to a 20 day suspension as it was the employee's first incident.


Award: Claim disposed of as per findings.

        Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


        S. A. Hammons, r., Employee Member R. O. Rock, Carrier Member


            ~- · -Arthur ari Wart- ; Chairman

            and Neutral Member


Issued April 24, 1992.