PAItTTES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY CUIIPANY TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE Or WAY EMPLOYEES

 STATEMENT OF CLAIM: Claim in behalf of former Trackman J. C. Guer
 rero, Co.oraL~cO Division, for reinstatement to service with seniority,
 vacation and all other rights unimpaired and compensation for wage ,
 loss beginning August 13, 1979, continuin.- forward until he is re
 turned to service.
 s

 FINDINGS: This Public Law Board No. 1532 finds that the parties
 ner' ein re Carrier and Employee within the meaning of the Railway
 Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the claimant signed for and accepted 20 demerits on August 13, 1979. When the claimant accepted those 20 demerits, his record stood with a total of 'v5 demerits and thereafter the claimant was notified on August 16, 1979 that his seniority and employment were being terminated due to his accumulation of excessive demerits.

 The Organization filed a claim for reinstatement iii behalf of the claimant contending that the claimant was not aware that his accepting the demerits would result in termination of. employment.

 The Organization also contends that the claimant was not advised . that by signing the waiver he was relinquishing the right to later pleas innocent to the incident giving rise to the demerits. The Organization points up that the agreement which provides for dismissal after an accumulation of 60 demerits was not effective until flay 1, 1979 and that the claimant signed the waiver on August 13, 1979 and was not aware of the provisions of the agreement.

 At the outset, the Board notes that the claimant was advised by letter dated July IB, 1979 that his record as of June 26, 1979 stood char-ed with 45 demerits and "as you know, an accumulation of 6Q demerits marks subjects you to dismissal." (Carrier E::hibit C).

 The claiuiaiit pled guilty and was aware that he had 45 demerits and accepted 20 demerits more in conceding his guilt. Under the circumstances there is nothing the Organization can do to help the claimant herein.



The claimant had a poor record and admitted his guilt. Under those circumstances there is no justification to set aside the decision of the Carrier.

 AWARD: Claim denied.

                            Preston~J Moore, Chair-man


                            Carrie

                            Utganization Member


r/ ' 1 em er
 Dated August 19, 1980