AWARD; I10., 224 Casa *0. 253

PUBLIC LAW BOARD N0. 1582

' PAU=) ...1TMISON, TOPEKA AND SANTA FE RAILWAY COMPANY
DISPVTZ) ,, SROTHMOOD 0! MAINTENANCE OF WAY EMPLOYEES

.STATEMENT OF CLAIM: Claim that former Trackman S. G. Effinger, Mddls visa reinstated to service with seniority, vacation, A11,.banefit rij:hts,pay for wage loss and/or otherwise made whole, _g~a~it terminated.

t:. This.fblia Lax Board No. 1582 finds that the parties

. TO fro Carrier and Employee within the meaning of the Railway

'T.sbor Ant, as s®inded, and that this Board has jurisdiction.

in this dispute there are two claims involved. In the first claim

the claimant nag notified to attend an investigation where he was

charged with a possible violation of Rules 14, 16 and 17 of the

General . Rslas for the Guidance of Employees. The claimant was .

char ~ed with throwing water on another employ*& on August 5, 1981.

whim resulted in.personal injure to the other amgloyes.

The Board me examined the facts of record in the first claim, and the testimony of the claimant wherein he admitted he threw cold vatar on the mploysa which resulted in the other employee losing port of a tooth. The claimant was assessed thirty demerits. Under the circumstances there is no justification for overruling the deaision ot..tha Carrier. is Op sesond'tlaia the claimant was.charged with absenting b~msit#

tom otit,is authority an A4 wt 12, 14 and 17. 1983:;.

being vicious and quarrelsome toward his foramen and on August 17, 1981 being under the influence of drugs and intoxicants.

An eavesti$anon was held, and the claimant was found in violation -of Rules 13 and 15 on August 12, in violation of Rule 6 on August 14; mad in violation of Rules 6 and 16 on August 17, 1981.

The Board has a:aniaed the transcript of record and all of the tastimoaW therein. The evidence is sufficient for the Carrier to reach a finding of guilt. The claimant was notified by certified mail that the investigation would be held on Monday, August 31, 1981 but fail t®appa=. Thase,3s no justification for setting the discipline, .aside.

AVARD: ' Claim denied.

/,~-- Award' ,1l~0:. zza

]Paz* fi'

.resto~ . ore, a as

.m -
rgaat~at oa ar

er _

Chicago, Illinois February 17, 1983