AWARDS 95A- FAILURE TO ANSWER QUESTIONS ON INJURY REPORT FORM

Second Division Award No. 12196 (McAlpin)

"Upon complete review of the evidence, the Board finds that the Investigation does meet the standards required of the Carrier under Rule 37. The Carrier has a right to have personal injury forms completed by its employees in a proper and timely manner. These forms are necessary for the Carrier to properly assess its operations in order that they may be conducted in a safe manner to which the Organization and the Carrier would subscribe. While the record of Investigation contains some inconsistencies and clouded testimony, it is clear that the Claimant was afraid to properly fill out the personal injury report. The personal injury report was not completed and this is a relatively serious charge. The Questions contained in Sections 26 to 31 of the report are not difficult and the Claimant was supplied a sample form. The Board finds that the Carrier has not abused its discretion in this case and that, since the Claimant was given a ten-day overhead suspension, the Board has no cause to substitute its judgment for that of the Carrier's in this case and, therefore, the claim shall be denied."