AWARD N0. 215
Case No. 244
PUBLIC LAW BOARD N0. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE)
BROTHERHOOD
OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF
CLAIM: Claim
that former
Middle Division
Trackman Andrew
i. stor bP~stated to service with seniority, vacation, all benefit
rights. pay for wage loss and/or otherwise made whole, account the
claimant was injustly dismissed from service
on
August 17, 1931 for
befog ausent from duty without authority commencing June 11, 1981.
FINDINGS: This
Public Law Board No. 1582 finds that the parties
herein 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 was notified by letter dated June 23,
1981 that he was being terminated due to his being absent vithout
permission. The claimant requested a formal investigation, and pursuant to this investigation the claimant was removed from the service
of the Carrier. The claimant did not have a representative, and he
signed a waiver of a right of representation.
The claimant testified that the last date he worked was June 10 or
June 11, 1981. The claimant also testified that he notified his
foreman by phone that he would be absent from work and notified him
or. severay days but did not tell him when he might return to work.
Roadmaster Alvarez testified that the claimant worked five hours on
June 10, 1981 but had not worked since that time. He further testified that the claimant did not obtain a leave of absence from his
office. He also testified the claimant did not call him until June
23, 1981.
Track Supervisor Zenner testified that the claimant did not request
a leave of absence for the period in question. This testimony is
unchallenged by the claimant. The claimant's service record has been
carefully considered, and in view of all the evidence there is no
justification to set the discipline aide.
AWARD: Claim denied.
:./ ~C;!
.r?~
fir. _:
,~t°'~
Preston .i
oo=c,
Chairman
CHICAGO, ILT.IPIOIS.
Otganization Member
Fal:ruary 17, 1983
G~=a~T..t~er