Award No. 6
Case No. 6
Special Board of Adjustment No. 956
PARTIES
DISPUTE:
STATEMENT
CLTTM:
FINDINGS:
Brotherhood of Maintenance of Way Employees
and
New Jersey Transit Rail Operations
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.
Adopted at Newark, N.J., January,2 8 , 1985.
Haro d M. Weston, Chairman
Carr er Member Employee ber -
.