AWARD NO.
134
Case No. 163
PUBLIC LA14 BOARD
NO. 1552
PARTIES) THE ATCHISON, TOPEKA & SANTA
FE MILWAY C01'IPANY
TO )
DISPUTE) BROTHEP.110OD OF RAIIDITENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claims on behalf of former Plains Division
Trackman
L. K:
Pi kert as follows:'
(1) Claim for removal of letter of reprimand assessed his personal
record as a result of formal investigation held in
Lubbock, Texas,
July 26, 1979.
(2) Claim for reinstatement to his former position with seniority,
vacation and all other rights unimpaired and compensation for wage
loss coiiumencin I; September 1, 1979, continuing forward until lie is
restored to service.
FINDINGS: This Public Law Board No. 1582 finds that the parties
Lerein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
Iii this dispute the claimant was notified to attend a formal investigation for his allegedly being absent without authority on June
12, 1979. Pursuant to the investigation the claimant was issued a
reprimand after being found guilty.
On August 14, 1979 the claimant was notified to attend a formal investigation to determine the facts and place the responsibility for
his allegedly being absent without authority August 7, 8, 10 and 11,
1979. Pursuant to the investigation the Carrier found the claimant
guilty of violating Rule 15 of the General Rules for the Guidance of
Employees, and the claimant was notified his record was assessed
with 20 demerits.
Thereafter the claimant was advised that he had a balance of 60
demerits and that his seniority and employment were terminated as
o1 August 31, 1979 due to an accumulation of excessive demerit:,.
In regard to the first charge which resulted in a reprimand, the
claimant admitted he did not have authority to be absent. While
a written reprimand limits the time in which an employee can work
off demerits, the Carrier had sufficient facts regarding this incident to issue such a letter. Under the circumstances the Board has
no justification to overrule the decision of the Carrier regarding
the reprimand.
IS 'k-2- Ac,·srd No. 134
Page 2
The Organization also points up that his foreman was absent the
same day as the claimant, but the evidence also reveals that the
foreman is no longer an employee either, since he was also discharged for excessive absenteeism.
In regard to the second claim, the claimant was asked:
Question: "Were you absent from work August 7, S, 10
and 11, 1979?"
Answer: "Yes, Sir." ' ,
Question: "Did you have permission to be absent?"
Answer:
"No,
Sir."
t
The claimant did testify that he had permission to be off one day,
August 9, 1979.
Evidence is sufficient to establish that the claimant was absent
without authority, and 20 demerits for such absence is not unreasonable. Those 20 demerits left the claimant's record standing with
75 demerits, and the Board has no authority to reinstate the
claimant.
AWARD: Claim No. 1 denied.
Claim
No.
2 denied.
!Prestonre, C; airman
Organiza ion Member
A
Carries Mem er
Dated August 19, 1980