AWARD N0. 107
Case No. 126
PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim in behalf of former Northern Division
Trackman . . Bedford as follows:
(1) Based upon the Carrier not giving Mr. Bedford time to prepare
defense, or obtain representation for himself or even for him to
appear at investigation, we respectfully request that Mr. Bedford
be reinstated to service with seniority vacation and all other benefits rights unimpaired, and with compensation for neg wage beginning
August 26, 1978 continuing forward until his reinstatement.
(2) Also it is our understanding that the Carrier has failed to
compensate Mr. Bedford allpay for- vacation accrued at time of his
dismissal. Therefore we also request that Carrier compensate Mr.
Bedford for all vacation- time earned up to August 16, 1978.
FINDINGS: This Public Law
Board.
No. 1582 finds that'the parties
ere~lmare Carrier and Employee within the meaning of the Railway
Labor Act, as amended,. and, that' this, Board has jurisdiction.
In this° dispute the claimant was charged with being absent without
proper authority from July 27 to August 25, 1978. An investigation
was- held, and. pursuant to the. investigation, the claimant was discharged for being absent from. duty without authority. The claimant
was found guilty of violation of Rules 13' and 15.
The Brotherhood of Maintenance of Way Employees filed a claim for
reinstatement of the claimant with seniority, vacation and all other
benefit rights unimpaired and compensation for net wage loss commencing August 26, 1978..
The claimant worked on July 26, 1978 and shortly before completing
his tour of duty that day advised his foreman that he had family
troubles and needed to be off work July 27. Evidence of record
indicates the claimant admitted he was absent without leave in excess of ten days.
On August 4 the claimant telephoned the agent at Marietta, Oklahoma
and left word that he was attending to personal business. On August
8 the claimant called the agent at Ardmore, Oklahoma and left word
that he had been in jail twice and would try to be at work August 9.
pea
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Award No. 107
Page 2
On August 14 the claimant called the Division Engineer and advised
that he had been off because of family problems and had been in jail.
The claimant asked if he could return to work, and he was instructed
to report to extra gang No. 71 on August 21. The claimant did not
return to work pursuant to .the offer of August 14.
Evidence indicates that the claimant did not file any request for a
formal leave of absence.
The Board recognizes that the claimant had serious problems regarding
custody for his children.
After carefully examining all of the evidence and testimony, it is
the opinion of the Board that the claimant failed to live up to his
responsibilities. It is also recognized that the claimant had a poor
record. He had previously been disciplined six times for being absent without proper authority.
However, in view of all the circumstances herein, i.e., his being
jailed is an attempt to gain custody of his children, it is the opinion of the Board that permanent dismissal is too severe. Therefore,
the Board finds that
the claimant
should be reinstated with seniority
and. all. other tights unimpaired but without pay for time lost.
AWARD: Claim= sustained: as per above.
ORDER: The Carrier is. directed to' comply with this award within
tTiizty days from: the date of this, award.
reston . Foore, airman
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