P,AA1'LES) THE ATCHISON, TOPEKA AND SANTA FE P,
 :)IS~VTL) BRO.lli.'tl:12 (:1)~tT.iiJY

 .l,u ) ~-~ 7 ~,~ ~?~
 i'~VTL)TUERH00D OF MAINTLNANCE Or SHAY EMPL GYZ,.:6

 fTP;tir:IENT OF CLAIM: Claim in behalf of former Misctilai.eous il~chine
 uperacor I. i. liland, Plains Division, for reinstatement to ser
 vice with seniority, vacation and all other rights uniiapaired, an4
 compensation for wage loss beginring September 29, -y7c), ,:cc:Cinui:.b
 ~::;. :~:;I until :1.d is restored to service.

 FIN1fI:1GS: This Public Law Board No. 1582 finds tnut tire E~urties
 l~z`i are Carrier and Employee within the meaning; of the Kailaay
 Labor Act, as amended, and that this Board has jurisJiction.

 The claimant herein was employed by the Carrier in 1975, and after resigning, was re-employed February 3, 1977. As of January 19, 1979 the claimant's record stood charged with 55 demerits. The Carrier contends the claimant did not report for work on July 16, 17, ld and 19, 1979 and charged time on his time sheet as though he had been working on those'dates. Pursuant to an investigation, the claimant was found guilty of violating Rules 752A and 752C.

 There are a number of factors involved in this case which are not necessary to discuss. After carefully reviewing all of the evidence and testimony, it appears there may have been other factors considered in assessing discipline. The Board recognizes the Brown System of Demerits, but under the circumstances in this particular case, the Board finds that the result herein is harsh, arbitrary and unjust. Therefore the Board finds the claimant should be reinstated with seniority and all other rights unimpaired but without pay for time lost, and with forty-five (45) deperits an his record.
AWARD: Claim sustained as per above.

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


                              arri Member