?::<.P.L .)O. 196
Case o. 231
PUBLIC LAW 30ARD :tC. 1582
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-
/C C `- ``'
Organization aember
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