AWARD 140. 161
Case
No. 195
PUBLIC LAW BOARD
N0.
1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF
MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
1. That the Carrier's decision to remove claimant Sanders from service was injust because the evidence recorded at the investigation
did not sustain the charges and even if sufficient evidence had been
introduced, permanent removal is harsh and excessive.
2. That the Carrier now reinstate claimant to service with seniority
vacation, all benefit rights unimpaired and pay for all wage loss beginning August 24, 1981 continuing forward, and or otherwise made
whole.
FINDINGS: This Public Law Board no. 1582 finds that the parties
er~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 absent without
proper authority on July 15, 16, 17, 20, 21, 22, 23 and 24, 1981 in
excess of ten calendar days and being in violation of Rules 2, 13
and 15, General Rules for the Guidance. of Employees, Form 2626 Std.
The claimant was properly notified that the investigation would be
held at 9:00 a.m. on August 24, 1981 in the Division Engineer's Office
at Temple, Texas. The investigation was delayed until 9:30 a.m., but
'the claimant failed to appear for the investigation.
Testimony of record indicates that the claimant was absent without
authority as set forth in the charge and further indicates that he
was guilty of violation of the rules as charged.
The claimant did write a letter and admit his guilt which stated that
if possible he would like to be stationed closer to home since he had
a wife and two small children.
The evidence of record indicates that the claimant was not interested
in this job which kept him too far away from his home. Under the
circumstances there is no justification for setting the discipline
aside.
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