SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 529
Docket No. 529
File 910077
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 Welder Helper P. R. Munger was assessed a 60-day
suspension on October 29, 1990.
(2) Claim on behalf of Mr. Munger for wage loss suffered,
beginning October 29, 1990 until November 27, 1990.
Findings: The Board has jurisdiction of this case by reason of the
parties Agreement establishing this Board therefor.
Claimant, Welder Helper, P. R. Munger, attended a
formal investigation on October 17, 1990 on the charge:
"...you sustained an alleged personal injury at about 1:45
P.M. Thursday, September 20, 1990, and did not report the
alleged injury to proper offices until Monday, September 24,
199 0. "
As a result thereof, Claimant was found to be culpable
of the charge. He received a 60 day suspension as
discipline therefor.
Claimant was accorded the due process to which entitled
under the discipline rule.
There was sufficient evidence adduced to support the
Carrier's conclusion of Claimant's culpability of the
charges placed against him. The record reflected that
Claimant, while grinding a fork, on Thursday, September 20,
1990 received a steel sliver in his eye. He did not report
that injury until Monday, September 24. The Claimant had
gone to the hospital emergency room Friday night and had a
piece of steel removed from his eye. He was told to go to
an eye specialist on Monday to have a rust ring removed from
the eye.
Claimant, on Saturday, September 22, reported, orally,
the injury to Track Inspector Len O'Toole, who was working
in place of MTM Todd Menchaca
who was
off that date. The
Claimant reported it to Supervisor Menchaca on Monday,
September 24. Perhaps the testimony of the Claimant, at T38 and T-39, is the most instructive. It reads:
"Q. .. What are the proper procedures, as you see them, to
report an injury?
A. If any employee gets hurt on the job, he is to report it
to his immediate supervisor as soon as possible.
Q. ...What procedures should your supervisor follow?
A. Well, if it is a real serious injury to make sure he get
proper medical attention, and after that, have the paper
work filled out."
As pointed out in our Award 527 Rule B requires:
"Personal injuries ...must be reported by the first means of
communication. Written report must follow promptly when
required."
The Claimant had sustained six previous injuries and
was, or should have been, aware of the procedures or
requirements for reporting injuries.
In light of the incident, and his discipline record,
particularly that part "reading failure to comply with
instructions" the Board is impelled to find that the
discipline is not unreasonable. This claim will be denied.
Award: Claim denied.
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S. A. Hammons, Jr., Employee Member R. 0. Rock, Carrier Member
Arthur-F. am Wart, Chairman
and Neutral Member
Issued April 24, 1992.