File 930502


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 J. Lighten, SSN 439-90-2541 was dismissed from service
 on May 7, 1993.

        (2) Claim in behalf of J. Lighten for removal of the discipline from his record and for wage loss suffered beginning May 3, 1993 and continuing until Claimant is reinstated to service with seniority, vacation, and other rights unimpaired.


Findings: This Board has jurisdiction of this case by reasonof
 the parties Agreement establishing the Board therefor.
 The Claimant, Trackman Jesse Lighten, about 1:15 PM was
 struck in the back by a track vehicle, TRIP-03, pushing him
 some three feet forward. He went back to work and finished
 out his work day, about 2:00 PM. He later saw his
 Supervisor R. D. Turtle and spent some 25-30 minutes with
 him in Turtle's truck during which time Mr. Turtle was
 writing information on a yellow pad. Then Claimant departed
 for his home some 400 miles away.
 The Claimant talked on Sunday evening, March 7, to
 Track Supervisor Noll and complained to him about his back.
 The Claimant advised that he had previously been "shook up."
 On Monday, March 8, the Claimant tried to get the required
 injury report at Monroe to fill out but was unsuccessful.
 Also, on Monday, March 8 he went to a medical center which
 diagnosed a lumbar spine sprain and a tightness in his lower
 back. On Tuesday, March 9, the Claimant did fill out the
 required report of personal injury. He had it faxed from
 the yard at Monroe, Louisiana.
 Claimant was notified under date of March 12, 1993 to
 attend a formal investigation because of the incident on the
 charge:

        " .. you allegedly sustained a personal injury when you were struck by the TRIP 03. Also, you allegedly failed to report this injury until March 9, 1993."

                  -2- Award No. 626


As a result of the investigation finally held on April 7, 1993, the Carrier concluded culpability of General Rule 607, part 2 and Rule 4004. He was dismissed from service on May 7, 1993 as discipline therefor.


    Rule 607 - Conduct, reads:


"Employees must not be (1) careless of the safety of themselves or others, negligent, insubordinate, dishonest, immoral or quarrelsome."


    Rule 4004 - Reporting, reads:


"All cases of personal injury while on duty or on Company property must be promptly reported to proper authority on prescribed form..."


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


There was sufficient evidence adduced that permits and supports the conclusion reached by the Carrier. But as to the second charge, i.e., that he violated Safety Rule 4004, the Board does not find that he was not injured although the Claimant's explanation of the incident as being "shook up" and his later explanation of extending that steadfast expression to pain and suffering may be a stretch for other forums to pass upon.


A failure to promptly report incidents of injury no matter how minor, as the rule requires, have been cause for discipline, including dismissal.


The Board finds cause in this record to permit it to modify the discipline imposed. Mr. Turtle took notes for 25 to 30 minutes on March 5th from the conversation with the Claimant. The Union representative asked that those notes be made part of the transcript. An allegation was made that Mr. Turtle had said he did not have the injury form in his possession. Those critical notes were not part of the transcript presented to this Board.


The Board will modify the discipline. The Claimant will be reinstated to service with all rights unimpaired but without pay for time out of service subject to first presenting a physical okay to return to work and thereafter passing the necessary Carrier physical examination.

                        -3- Award No. 626


Award: Claim disposed of as per findings.

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

      ammons, Jr. Employee Member . . Ring, Carr a Member


              Arthur T. V/a/

                  an Wart, Chairman and Neutral Member


Issued Brooksville, Florida June 27, 1994.