NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MS-24736
Robert W. McAllister, Referee
(Heron Borders
PARTIES TO DISPUTE:
(Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
My termination was uncall (sic) for, unjust, and without merits,
warrant and discriminatory in every respect.
OPINION OF BOARD: At the time of his termination, the Claimant, H. L. Borders, had
a seniority date of May 18, 1972, and was a Relief Clerk at
the Carrier's Hobart Yard in Los Angeles, California. On October 24, 1980, the
Claimant was informed he was removed from service for violation of General
Rules for the Guidance of Employees (Rules 2 and 31). The record establishes
the Carrier has long had in place a progressive disciplinary system which
subjects Employes who accrue sixty or more demerits to dismissal. The record
also reveals that, on March 27, 1980, the Claimant was made aware he then had
accumulated a total of fifty-five demerits.
This Board holds that, although the handling of this grievance was
not procedurally proper, our examination of the facts supports a finding the
Carrier has proven by a preponderance of the probative evidence introduced that
the Claimant was guilty as charged.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole record
and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
loce
Nancy . ,fiver - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of May 1985.