PARTIES) ATCHISON, TOPEILk & SANTA FE RAILWAY COI:U?ANY

 TO ) ~7 ~.7~7~q
 DISPUTE) BROTHERHOOD OF c:AINTENANCE OF WAY EST-LOYEES

 S TATFrMNIT OF CLAIM:

 (1) That the Carrier's decision. to assess claimint E. J. F?cDade's
 record with ten (10) demerits as result of investigation held Temple,
 Texas on July 10, 1981 was improper because the evidence retorted in
 the investigation does not sustain the charges and even if the
 charges were proven the discipline assessed was excessive.

 (2) That claimant McDade's record be expunged of 10 demerits and his personal record be expunged of all references thereto.

 FINDINGS: This Public Law Board No. 1582 finds that the Dar ties
 her"~n 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 charged with being late for work by approximately one hour. Pursuant to the investigation the Carrier assessed the claimant ten demerits for being late to work.

 The evidence of record indicates that the claimant was aware that the investigation was going to be held on July 10, 1981 at 9:00 a.m. Evidence was introduced that the claimant was aware the investigation was being held and so notified Supervisor A. L. Gardner as late as July 8, 1981 that he was aware of the time and date of the investigation. At 9:03 a.m. the investigation.was recessed until 9:30 a.m. to allow the claimant time to appear.

 The claimant failed to appear for the investigation, and evidence was taken which sustained the charge that the claimant was late to work by approximately one hour. Under ail the facts and circ=stances existing herein, there is no justification for setting aside the discipline which was assessed.

 AWARD: Claim denied



nnmo a..nt~mher 30, 1981