BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 986
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NATIONAL RAILROAD PASSENGER CORPORATION
(AMTRAK) - NORTHEAST CORRIDOR
Case No. 180
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
I . The dismissal of Trackman W. R. Lynch for alleged violation of Rules 'F' and 'K',
in that he allegedly falsely reported sustaining a personal injury on November 2,
1994, was without just and sufficient cause and on the basis of unproven charges
(System File NEC-BMWE-SD-3410D).
2. The Claimant shall be returned to the Carrier's service, his record cleared of the
charges leveled against him and he shall be paid for all wage loss suffered.
FINDINGS:
The Claimant was employed by the Carrier as a trackman and assigned to Gang A682.
before he was dismissed
On November 2, 1994, the Claimant allegedly sustained an injury to his lower back while
a passenger in a Carrier vehicle which was involved in a minor collision. The Claimant reported
the injury to his foreman and then to the assistant supervisor. Claimant was taken to the Central
Medical Center in Baltimore; Maryland where he received immediate medical treatment. The
Claimant was released back to work without any restrictions.
On November 15, 1994, the Claimant received notice that he was being charged with
;a.1.:
alleged violation of Rules "F" and "K" for allegedly reporting a false injury. Claimant was found
guilty as charged during a formal investigation and, subsequently, he was dismissed from the
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Carrier's service.
The parties not being able to resolve the issues, this matter is now before this Board.
This Board has reviewed the evidence and testimony in this case and we find that there is
sufficient evidence in the record to support the finding that the Claimant was guilty of falsifying
an injury report. The record reveals that on November 2, 1994, the Claimant and two other
employees were returning to headquarters and the rear door of their truck scraped a pole.
However, the damage was minor and there was simply no evidence in the record that the
Claimant did sustain a physical injury as a result of the minor mishap. A thorough review of the
transcript indicates that the only evidence of the Claimant's injury is his report. None of the
employees involved in the incident nor the medical professionals observed any indication of an
injury.
Once this Board has determined that there is suffcient evidence in the record to support
the guilty finding, we next turn our attention to the type of discipline imposed. This Board will
not set aside a Carrier's imposition of discipline unless we find its action to have been
unreasonable, arbitrary, or capricious.
The Claimant in this case was employed by the Carrier for approximately six months
prior to the incident. Given that short tenure of service and the seriousness of this wrongdoing
involving dishonesty, this Board cannot find that the Carrier acted unreasonably, arbitrarily, or
capriciously when it terminated the Claimant. Therefore, the claim,will be denied.
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AWARD:
Claim denied.
PETER R. ME ERS
Neutral Meti
CARRIER MEMBER O" IZATION MEMBER
DATED:
9 ; ~l~I
DA D:
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