AWARD I(0.
2231
Case No., 254,
PUBLIC LAW
BOARD N0. 1582
PARTIES)
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TD
DISPDTE~ BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
1. Claim for removal of twenty demerits assessed the personal record
of former Coast Lines Welder Helper G. T. Juarez as a result of iavestigation held August 17, 1981 for being absent without proper
authority. . .
2. .Claim for removal of twenty demerits assessed the personal record
of former Coast Lines Welder Helper G. T1 Juarez as a result of investigation held August 17, 1981 for being absent without proper
authority.
3. Claim for reinstatement of former Coast Lines Welder Helper G.
T. Juarez to his former position of Welder Helper with seniority,
vaCatlen
and all other benefits restored and that he be compensated
for all wage loss and/or made whoia beginning October 2, 1981.
FINDINGS: This Public
Law
Board No. 15.82 finds that the parties
Rare
Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
There are three claims involved in this dispute. The first two
claims involved twenty demerits on each occasion for the claimant
being absent without proper authority, and tae third claim is
fox
rs:j,statt of the claimant.
The Board has 'carefully studied each investigation and is impressed
with the claimant's desire to work. It is true that in each of the
instances where the claimant amassed twenty damerit3, he was absent
w:;hout proper authoriz;y. 'e'he claimant failed to call in at
:he
proper place, and on one occasion called in two ho-z:-s after he was
scheduled to report for work.
This employee had problems with his automobile, but I-Le and his
fallow employees must be aware of the requirements
for
reportIng
for worse on a regular basis. It is noted that the claimant's absences flcau=ed on Mondays. A long week end does not have to be
aeceptsd by the Company and may result in serious
dz~:~c.Lpliae.
In the instant case thq Board recognizes the Brown System of De-;
merizz under which sixty demerits may result in discharge. However
the Board directs the Carrier to reinstate the clatrant with forty
/.5$a- Award No. 22,5,
Page 2
demerits of record, with seniority and all ocher rights unimpaired
but without
pay for time lost.
AWARD
S Claim sustained as per above.
ORDERS -The Carrier is directed to comply with this award within
t rty days from
the data of
this award.
erescon.j/-Moore, Chairman
Organization `er
J
I
Carrier Member
Chicago., Illinois
February 1?, 1983