PAR TIES) THE ATCHISON, TOPEKA. AND SANTA FL RAILWAY COHP2\TY
TO )
DISPUTE) BROTHERHOOD OF 11iAINTENANCOF WAY E1IPLOYEES

STATEMENT OF CLAIM:

1. That the Carrier's decision to remove Southern Division Track
-.an _T. Rangel from service was unjust.

That the Carrier now reinstate claimant with seniority, vacation, all benefit rights unimpaired and pay'for all wage loss beginning July 30, 1932 continuing forward and/or otherwise made whole, because the Carrier did not introduce pubstantial evidence that proved that the claimant violated the rules enumerated in their decision., and even if claimant violated the rules enumerated in the decision, permanent removal from service is extreme and harsh discipline under tae circumstances.

FINDINGS: This Public Law Board No. 1532 finds that the parties
er~re Carrier and Employee within the meaning of the Railway Labor Act, as amended, and tat this Board has jurisdiction.

In this dispute claimant was charged with being absent without authority from June 2 through June 10 and June 14 througa June 25, 1932 while assigned as trackman on Extra Gang 72, Brady, Texas. Pursuant to the investigation claimant was dismissed from the service of the Carrier for violating Rules 2, 13 and 15.

Claimant had been employed for five years and had no excuse for being absent without permission. There is no evidence that claimant had any justifiable reason for being absent. Claimant has a ;god record and in view of the circumstances, it is the opinion of the Board that permanent dismissal is too severe. Therefore tae Soard finds that claimant should be reinstated with seniority and all other rights . unimpaired but without pay for time lost.

XrTARD: Claim sustained as per above.

ORDER: The Carrier is directed to comply with this award within M=y days from the date of this award.

Preston J. foore, C:iarman-

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