PARTIES Brotherhood of Maintenance of Way Employes
 TO and
 DISPUTE Southern Pacific Transportation Company (Western
 Lines)
 STATEMENT That the Carrier's decision to assess Claimant
 OF CLAIM forty-five (45) demerits was excessive, unduly
 harsh and in abuse of discretion, and in
 violation of the terms and provisions of the
 current Collective Bargaining Agreement.
 That because of the Carrier's failure to prove
 and support the charges by introduction of
 substantial bona fide evidence, that Carrier
 now be required to compensate Claimant for any
 and all loss of earnings suffered, and that
 the charges be removed 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.
 On the morning of August 22, the Claimant approached his Roadmaster, Mr. Frates, and explained he was not feeling well. Mr. Frates suggested he see a doctor and indicated he would not allow him to work since one of his symptoms was dizziness.. The

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Claimant was also told it would be necessary to get a release
 from the Company doctor before he would be permittd to return to
 work. The Claimant did not mention that he had seen a doctor,
 nor did he suggest his illness was the result of a work related
 injury.
 On September 1, 1988, the Roadmaster received a call from
 Mr. Drake who informed him that he had just received a 2611 from
 the Claimant. The date listed as the day of the alleged injury
 was August 21, 1988, a Sunday. After an investigation, the
 Roadmaster determined the Claimant had not been working on
 August 21, 1988. Since, Mr. Sargent had not mentioned any work
 related injury previously and because he was not working on
 August 21, 1988, the Carrier charged him with several rule
 violations and directed him to be present for a formal hearing
 held on September 14, 1988 at the office of the Roadmaster. The
 rules the Claimant allegedly violated were:

      Rule 607 - CONDUCT: Employes must not be:


          (3) Insubordinate; (4) Dishonest:


      Indifference to duty, or to the peformance of duty, will not be condoned. Rule 621, reading:


      Rule 621. FURNISHING INFORMATION: Employes must not withhold information, or fail to give all the facts, regarding irregularities, accidents, personal injuries or rule violations. Rule E, reading:


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Rule E: Accidents, personal injuries, defects in track, bridges or signals, or any unusual condition which may affect the safe and efficient operations of the railroad, must be reported by the first means of communication. Written report must follow promptly when required. The Board believes the Claimant is responsible for creating a highly suspicious situation. Certainly if he had been to the doctor on Sunday, August 21, 1988, it was his responsibility to at least share that information with his Roadmaster when he spoke with him the following day. His failure to do so, at least casts suspicion on his alleged injury. Although he testified he made several attempts to contact Mr. Frates between August 21, 1988 and September 1, 1988, in reality he spoke with him on August 22, 1988. It was then he should have informed the Roadmaster of his contact with the doctor and the possibility of a .job related injury. His failure to do so was an error on his part. While the Board does not believe the Carrier has satisfactorily proven all the charges against the Claimant, it does believe the Claimant was guilty of not furnishing information in a timely manner. The penalty issued in this case, forty-five (45) demerits was not excessive.

                          AWARD


The Claim is denied.

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RH1- 83


                                            f


                            Carol J a eri , Neutral


Submitted:

 January 31, 1989
 Denver, Colorado

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