AWARD NO. 213
CASE NO. 300
SPECIAL BOARD OF ADJUSTMENT NO. 280
PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE ) ST. LOUIS SOUTHWESTERN RAILWAY COMPANY
STATEMENT OF CLAIM:
"1. Carrier violated the effective Agreement
when South of Texarkana Foreman A. Fisher was
unjustly dismissed from service, and later
reduced to a thirty (30) calendar day
suspension.
2. Claimant Fisher shall now be paid for all
time lost, commencing January 15, 1985, and
continuing until restored to service with
seniority, vacation and all other benefits restored intact, and his record cleared of all
charges." (MW-85-22-Fisher; 53-811)
FINDINGS:
The Board, after hearing upon the whole record and all the
evidence, finds that the parties herein are carrier and Employee
within the meaning of the Railway Labor Act, as amended; this
Board has jurisdiction over the dispute involved herein: and, the
parties were given due notice of hearing thereon.
While working as an I&R Foreman on January 7, 1985, Claimant had
been involved in a motorcar derailment near Waco, Texas, which
also involved two employees working under his direct supervision.
It is the Carrier's contention that testimony adduced at a company investigation supports the conclusion that Claimant had been
in violation of Rule "M" of Carrier's Rules and Regulations for
Maintenance of Way Employees in not having provided for the
completion of required injury reports without delay and for
having misrepresented to his immediate superior on January 8,
1985, that no one had been injured as a result of the derailment,
when in fact personal injury forms were thereafter submitted to
the Carrier for injuries sustained in the derailment.
The Organization, on behalf of Claimant, maintains that since the
gang did not return to their headquarter's point until after 3:30
P.M. that Claimant did not report the derailment to his immediate
superior until the following morning owing to the minor nature of
the injuries and the fact that no one would be in the office at
that time of day.
The Organization also submits, as Claimant stated at the company
hearing, that Claimant had given the two employees copy of the
accident reports to fill out, but that they had told him they
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CASE NO. 300
would fill them out and return them to him on January 8th.
Further, that contrary to testimony of his immediate superior,
Claimant stated the personal injuries had been reported to his
superior during their conversation on the
morning of
January 8th.
While the Board is unable to resolve the conflict in testimony as
concerns whether
the injuries were reported during the conversation of January 8th, we think it may be properly concluded that
Claimant had not in fact been in proper compliance with Rule "M"
in the manner by which he handled report of the accident. The
derailment had occurred at 11:15 A.M. on January 7, 1985, and, as
Claimant stated at the company hearing, he was immediately aware
of personal injuries having been sustained by the two employees
who were working under his supervision. He should therefore have
insisted that the employees immediately complete the required
forms and should not have consented to their desires to withhold
submission of the required reports until the following work day.
It would also seem to the Board that Claimant should have made a
more timely report of the incident to his superiors, and not have
waited until January 8th to bring the matter to the attention of
his immediate superior. Moreover, the record shows that when
asked at the company hearing whether he felt he had complied with
the provisions of Rule "M", the Claimant's reply was, "No."
Under the circumstances, while the initial penalty of dismissal
may be viewed as having represented harsh and unreasonable
discipline, the Board has no reason to hold that imposition of a
30 calendar day suspension was, as the organization urges, unjust
and extremely excessive administration of discipline.
AWARD:
Claim denied.
Robert E. Peterson, Chairman
and Neutral Member
2.
R. O. N for M. A. Christie
Carrier mbar
Organization Member
Houston, TX
August 29, 1986
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