PUBLIC LAW BG.-'_3;
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PARTIES; 2.T C?-:ISO', TOPEKA E. SA~,iA rE
i:.~I::.1i CC: u'::.:1
TO
DISPUTE)
BROTHEMi00D OF If 4INTZNA?:CE OF
S:AY E::n:.:,YF..r.S
STATEMENT OF CL.kIM: 1. That the Carrier's decision to assess Plains
aton ivis on Trackman F. G. Calzada's record with(10) ten
demerits was unjust.
2. That the Carrier now be directed to expunge ten (10) demerits
from Claimant Calzada's record and compensate him for altl wage and
expense loss incurred and/or otherwise made whole.
FINDINGS: This Public Law Board No. 1582 finds that
the
parties
erh
eia
are Carrier and Employee within the meaning of the Railway
Lawor rAct, as amended, and that this Board has jurisdiction.
In this dispute the claimant was notified to attend an investigation
regarding his being late for work on April 19, 1902 and to establish
responsibility for a violation of Rule 15.
The transcript of record reveals that
on Monday, April 19, 1982 the
claimant was a member of extra gang 62 which was scheduled to report
to San Angelo. That morning
the
claimant and a few other-.employees
were not present at the depot at ten minutes after 8:00 a.m., and
the roadmaster took the crew members present and departed for the
work
site.
He testified the claimant showed up approximately twenty
minutes
after 8:00 a.m.
The
claimant testified he had never been to San Angelo before and he
departed his home
in
ample time to make the trip but ran into fog
which delayed him more than an hour. Claimant testified he left
home
at 4:00 a. m. and the trip should normally take about three
hours.
The evidence clearly established that the claimant
failed to
report
for duty on time, and such is a violatina of the riles. Under the
circumstances there is no justification for setting the discipline
aside.
AWARD: Claim denied.
Presto,,fdf Moore,
Chairman
'
.~ z
Org~izatzon l~iemeer
Dated at Chicago, Illinois
June 30, 1982
r~
A1~Z'1o1' Mcmhar