F.,TI~3 Brotherhood of Maintenance of Way Employes
 ~O and
 -DISFUTJ Southern Pacific Transportation Company (Western
 Lines)
 3T~T:~NT That the Carrier's decision to suspend
 Or, uL~j'. Claimant from its service for a period of
 thirty (30) days, from May 28 through June 26,
 1986, was unduly harsh, in abuse of discretion
 and in violation of the current Agreement.
 That because the Carrier failed to prove the
 charges by introducing substantial evidence
 that it now be required to compensate Claimant
 for all wage loss suffered and remove the
 charges from his record.
 FINDINGS

        Upon reviewing the record, as submitted, I find that the Parties

        herein are Carrier and Employes within the meaning of the

        Railway Labor Act, as amended, and that this Special Board of -

        Adjustment is duly constituted and has jurisdiction of the

        Parties and the subject matter; with this arbitrator being sole

        signatory.


        After a formal hearing held on June 5, 1986, the Claimant was held responsible and suspended thirty (30) days for failure to report an injury as required by Rule 806 of the Maintenance of - Way and Structures Rules and Regulations which reads in part:


                                  1

SBA-947 Award No. 24

          806 Reporting: All cases of personal injury

          while on duty, or on company property must be

          promptly reported to proper officer on prescribed

          form


      The injury occurred on May 24, 1986 at 3:00 a.m., while the Claimant was the Foreman of Extra Gang 1 at Bridge, Utah. While drilling holes in the rail, the Claimant's thumb was caught between the gage pin and the drill. He did not report the accident to an officer until the following Tuesday, when he reported it to Mr. Burton.


      The Claimant has a relatively short tenure with the Carrier. He was first employed on October 6, 1983. He was promoted to Foreman on October 15, 1984. Although he has a good record, we find he does warrant some discipline in this case. First, this arbitrator has held in previous cases the rule established by the Carrier relative to reporting injuries is fair and reasonable. .It is understandable when an employe is reticent to report minor injuries and as I have stated in the past, it is often far easier to view an injury in retrospect than at the time it occurs. However, in this case we have a Foreman who has a somewhat greater responsibility to be familiar with the rules. Admittedly, the Claimant's relative inexperience is a mitigating factor. In addition, it is evident the Employe was injured as he, and others, described. There was no apparent attempt on the part of the Claimant to derive inordinant gain from the situation, he never even missed work as a result of the injury.


                                2

SBA-947 Award No. 24

    Considering all of these things, I feel the penalty, especially for a first offense, is excessive.


    AWARD


    The Claim is sustained in part. The Claimant is to be suspended for a period of five (5) days. He is to be reimbursed for any wage loss in excess of this five (5) day suspension.


    ORDER


    The Carrier shall comply with this Award within thirty (30) days of the date of its submission.


                                Gvu

                                Carol J. ~ erin Neutral


    Submitted:


    September 23, 1986 Denver, Colorado


3