PARTIES) THE ATCHISON, TOPLI:A & SANTA FE R-kILWAY COMPA~,IY TO ) D15PUTE) BROTHERi100D OF MAINTENANCE OF UAY E1-IPLOYEES

 STATi:hIENT OF CLAIM: Claim in behalf of former Trackman J. Tovar,
 Ili~u Division, or reinstatement to service with seniority,
 vacation and all other rights unimpaired and corahensation for wage
 loss beginning September 11, 1979, continuing forward until he is
 reinstated.

 FINDINGS: This 'Public Law Board No. 1582 finds that the parties
 Herein are Carrier and Employee within the meaning of the Railway
 Labor Ana, as amended, and that this Board has jurisdiction.

 Iii this dispute the claimant was dismissed from the service of the Carrier for an accumulation of excessive demerits.

 The claimant o:as employed November 4, 1976, and at the time he was removed from service, his record stood charged with 30 deiacrits. The Organization points up that this total is in error since the claimant should have had credit for another ten demerits removed. The Board agrees with the contention of the Organization in this regard. llo:,rever, this still leaves the claimant with a record of 70 demerits.

 The claimant accepted 30 demerits on November 29, 1978 for being absont from duty without permission and on December 7, 1978 the claimant acknowledged in writing that his record stood charged with 50 demerits.

 On August 18, 1979 the claimant again sinned for 30 demerits for beir.7; absent from duty without permission on August 13, 14, 15, 16 and 17, 1979. At the time the claimant signed for the demerits, Lie was asked if lie had any demerits on file, and he denied carrying any demerits.

 The Organization has filed a brief contending that the claimant should be reinstated on the basis of a conversation between the roadmaster and the claimant. The Organization alleles that the roadmaster advised the claimant l:hat his signing for the demerits would not result in the loss of his job.

 This might have constituted a basis for reversing the decision if the claimant had not assured the roadmaster that lie was not carry itig any demerits. The Carrier has met the requirement of notifying the clait,iant, and an extension of that doctrine is not justified.


AWARD: Claim denied.

                            reston J. CEO Ore', `C:iairmaii


                            Organization Member


                              /9 - . L,;k

                            Carrier m er


Dated August 19, 1980