PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim in behalf of T. N. Moore for reinstatement
to his former position with seniority, vacation and all other rights
unimpaired and compensation for wage loss beginning October 22, 1973,
continuing forward until restored to service.
FINDINGS: This Public Law Board No. 1582 finds that the parties
erg ein 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 signed for demerits for three different
violations. After the claimant had signed for 40 demerits,
his
personal record stood charged with 70 demerits. This Carrier uses the
Brown system of demerits, and under this system, the accumulation of
sixty demerits subjects an employee to dismissal.
Both parties. presented very able briefs and expressed the problems
and difficulties experienced by both the Organization and the Company. The Brown system has been in effect for many, many years on
this property. Employees should certainly be aware, or be made
aware of the effect of demerits upon their job security, and· that
the accumulation of sixty demerits subjects them to discharge.
It is the opinion of the referee that
when an
employee signs for
demerits which put him up to or above sixty that he should be warned
by the Company, or even asked by the Company if he has sufficient
demerits standing against his record to place him with sixty demerits or over. Under the circumstances herein, where the employee
accepted the discipline assessed, the Board is not empowered to
overturn the decision of the Carrier.
AWARD: Claim denied.
Preston 3. ore, Chairman
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Organization Member
September 12, 1975 Carri . Member