AWARD N0. 102
Case No. 120
PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO, )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim in behalf of former. Trackman Alton Dixon,
oust earn i~'·r~
n
for reinstatement with seniority, vacation. and
all other rights unimpaired and compensation far time lost beginning
November 18, 1977.
FINDINGS: This Public Law Board No. 1582 Finds that the parties
e~ are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that thin Board has jurisdiction..
In: this; dispute then claimant did not report' far work on October 10,
1977°nr prier to October 20,. 1977 when the Carrier sent a notice to
the: claimant by certified: mail: that his. seniority and employment
were: Being terminated: due: to his being°absent without proper author
ity and advising, that he. could, if he: desired, within twenty days
request an .investigation.. - .
The- claimant requested:aa investigation, and the formal investigation'
was: held ia.the Division Engineer 'e Office is Temple Texas on November 18, 1977 for the purpose of developing all the facts and. placing
the responsibility-, if any, in connecting with the claimant allegedly
being absent without proper authority in violation of Rule 15, General
Rules for the Guidance of Employees,. Farm 2626 Standard.
The claimant did not attend the investigation. The Organization filed
a claim. for reinstatement of the claimant to service with seniority,
vacation gad all other rights unimpaired and compensation for net wage
loss beginning November Ia.-. 1977,
.
Tlie record indicates that the claimant had been employed by the Carrier
for only four months, with a fatal active service of two and one-half
months. The evidence of record indicates. that the last day the claimant worked. was October 7, 1977. The evidence is also conclusive that
the claimant was absent from duty without proper authority in violation of Rule 15, General Rules for the Guidance of Employees, Form
2626 Standard.
After a review of the transcript and the evidence, it appears to the
Board that there is no support for the claim. With the short tenure
of service there is no justification to hold that the discipline is
too severe.
AWARD: Claim denied.
pt-,5 ~SP~L
Award No. 102
Page.2
Preston .. Moore, airman
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