Award No. 6 Case No. 6

Special Board of Adjustment No. 956

PARTIES DISPUTE:

STATEMENT CLTTM:

FINDINGS:



The ten-day suspension of H. Shumate for alleged violation of Safety Rule 3000(b) was unjust and arbitrary and should beset aside and Claimant Shumate compensated for all wage loss suffered as a result of that suspension.

Safety Rule 3000(b) prescribes that:

"Injured employees must immediately inform immediate supervisor. When person in charge is not in immediate vicinity, inform him at earliest opportunity but not later than the quitting time of the day of the occurrence." This rule is definite anal unambiguous. Its, terms are not unreasonable, particularly when Carrier's enormous responsiblity for safety and its exposure to litigation are taken into consideration. When claimant sustained a back injury at 11 a.m. while lifting a heavy bag in the course of his work, he should have informed his immediate supervisor by quitting time at the latest. He violated Rule 3000(b) when he neglected to notify his assistant
- PLB No. 956
_ Award No. 6
· Case N0.6

supervisor vithl two days later.
We are unimpressed by his explanations that the injury did not give him difficulty at the time it was sustained and that he took a sick day the following day. Nor is it persuasive that he was unaware of the rule; as an employee with over two years seniority, he should have been aware of this common sense safety
requirement..
We find no basis for reversing Carrier's decision in this case.

AWARD: Claim denied.