CASE NO. 189
PUBLIC LAW BOARD N0. 1582
PARTIES) ATCHISON, TOPEKA & SANTA FE RAILWAY COiiPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM. 1. That the Carrier's decision to assess claimant T ompson s record with twenty (20) demerits as result of investigation held Ft. Worth, Texas oa September 4, 1981 was improper because
the evidence reported in the investigation does not sustain the charges
and even if the charges were proven, the discipline assessed was
excessive. '
2. That claimant W. M. Thompson's record be expunged of demerits
and his personal record be expunged of all references thereto.
FINDINGS: This Public Law Board No. 1582 finds that the parties
herein 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 charged with failure to protect his
assignment on August 7, 10, 11 and 12, 1981. The transcript of record indicates claimant testified that on the dates he was absent
without proper authority, the brakes had gone out on his car and he
had car trouble.
Evidence of record indicates that on August 6 the foreman advised the
claimant as to where he could be reached if the claimant was goi.ng to
be late for work and instructed the claimant to contact him if he
needed to be off in the future. Evidence indicates that an August 7
the claimant called the clerk-in the yard office about 9:20 a.m. and
advised he would be off because of car trouble.
The claimant was off work on August 10 for reasons unknown, and on
August 11 at approximately 11:50 a. m. the claimant called the yard
office advising that he had ca s trouble. On August 12 the claimant
was three hours late for work without permission. Under all of the
circumstances and evidence herein, there is no justification for
setting aside the discipline assessed by the Carrier.. .
AWARD: Claim denied.
,i
reston Moore,
Chairman
0
0 gani.zatlon iKem er
OCTOBER 7. 1961
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