PARTIES) TILE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
 TO ) ,,~
 DISPUTE) BROT11ERJIOOD OF MAINTENANCE OF WAY EIIPLOYEf~LS

 STATEMENT OF CLAIM: Claim in behalf of former Northern Division
 Trackman C. W. Brown, for removal-of thirty (30) demerits assessed
 his personal record as a result of investigation conducted on
 October 11, 1979, and for reinstatement to service with seniority,
 vacation and all other benefit rights unimpaired and compensation
 for u11 wage loss beginning October 29, 1979, continuing forward.

 FINDINGS: This Public Law Board No. 1582 finds that the parties
 herein are 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 notified to attend a formal investigation on October 11, 1979 to determine the facts and place the responsibility, if any, concerning a report that he failed to protect his assignment as Trackman on Extra Gang 52 at Dallas, Texas without proper authority for layoff on August 27, 30, 31, September 7, 11, 13, 14 and 18, 1979.

 The investigation was field as scheduled, and the claimant was found responsible for failure to comply with the provisions of Rules 2 and 15. As a result thereof the claimant was assessed 30 demerits for the violation.

 With the assessment of these 30 demerits, the claimant's record stood charged with 60 demerits, and on October 29, 1979 the claimant was removed from service for an accumulation of excessive demerits.

 The Organization filed claim in behalf of the claimant to remove the 30 demerits on the basis that the claimant had automobile problems which made it impossible for him to report for duty, and under those circumstances, the discipline assessed was excessive.

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