PARTIES) THE ATCHISON, TOPEKA & SA14TA FE RAILWAY COMPANY
 TO )
 DISPUTE) BROTHERHOOD OF I-LAINTENANCE OF WAY Ei1PLOYEES

 STATEMENT OF CLAIM: Claim in behalf of former Trackman John A.
 McGill, 'Mi a Division, for reinstatement to service with senior
 ity, vacation and all other rights unimpaired and compensation for
 wage loss beginning.November 19, 1979, continuing forward until he
 is reinstated.

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

 In this dispute claimant was dismissed from the service of the Carrier for accumulating 60 demerits. The claimant signed for all of the demerits. There was some dispute regarding whether the claimant had requested permission to be absent from work, but the claimant nevertheless signed for the demerits. The claimant had been advised October 12, 1979 that his record stood charged with 45 demerits and that the accumulation of 60 demerits would subject him to dismissal.

 However, because of the unusual circumstances in this case and the conflict which exists, it is the opinion of the Board that the claimant should have one last opportunity and should be reinstated with seniority and all other rights unimpaired but without pay for time lost and with his record standing at 45 demerits.

 AWARD: Claim sustained as per above.

 ORDER: The Carrier is directed to comply with this award within tFirty days from the date of this award.




CarxiV Member Dated August 19, 1980