A?7ARD N0. 16E
::ase Eo. 202
PUBLIC Lh:d BOARD F0. 1502
PARTIES) ATCHISON, TOPEKA AND SANTP_ F E R_kILW'AY C01,r'ANY
TO ) ~T
DISPUTE) BROTHERHOOD OF MAINTENANCE OF 14AY EI's-'LOYEES
STATE!'-= OF CLAIM:
1. That the Carrier's decision to remove claimant La van from service for over-accumulation as a result of assessn;ent of sixty (60)
demerits to his personal record as result of investigations (2)
held October 13, 1931 was unjust because substantial evidence was
not introduced on records to sustain the charge, and even if evidence introduced did sustain the charge, permanent removal is excessive and harsh.
2. That the Carrier be directed to e..-punge the demerits assessed
claimant's record at the tyro (2) investigations held October 13,
1981 and that he be reinstated with seniority, vacation, all rights
unimpaired and paid for all wage loss beginning October 13, 1981
continuing forward and/or otherwise made whole.
FINDINGS: This Public Law Board No. 1582 finds that the ntrties
herein are Carrier and Employee under the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant was notified to attend a formal investigation at Temple, Texas on October 13, 1931 to determine the facts
in connection with his allegedly being absent without the proper
authority on August 17, 18, 20, 21, 26 and September 2, 3 and 4,
1981 and to establish his responsibility, if any, for violation of
Rules 2 and 15, Guidance of Employees General Rules, Form 2626 Std.
The investigation was set for 2:00 p.m., but the claimant
did not
appear, so the investigation was postponed until 2:45 p.m. when the
claimant was present. This is not to imply that the claimant's
tardiness would in any way affect the outcome of the investigation.
The claimant
did not
have a representative present and requPۯ_~_
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