PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COnPANY TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

 STATEMENT OF CLAIM: Claim that the twenty demerits assessed the persona recor o astern Lines Group 6 Welder Helper T. J. Miller as a result of investigation held March 9, 1981 for being absent without proper authority be removed, account claimant did not receive a fair and impartial investigation.

 FINDINGS, This Public Law Board No. 1582 finds that the parties Ner~are Carrier and Employee within the meaning of the Railway Labor Act, a: amended, and that this Board has jurisdiction.

 In this dispute claimant was charged with being absent without proper authority. An investigation was held, and claimant was assessed twenty demerits for being in violation of Rules 13 and 15 of the General Rules for the Guidance of. Employees.

 The Orgaai:ation contends that claimant did not receive a fair and impartial investigation. The claimant testified that he was absent from work on February 13, 1981 and that.he did not have permission to be absent. The only reason the claimant gave for being absent was that it was beyond his control, and he could not make it to work. The claimant testified he was put in jail and was not allowed to make a phone call.
The Board has e:aaiasd the transesipt of record and finds that the claimant has -a poor record for being absent without authority, and undar the circumstances finds no justification for setting the discipline aside.

 AWARDS Claim denied.

                                      i .,


                              'Presto J. Moore, chal


                              Organization member


Chicago, Illinois s C&fTi1e~ro1rTdmrj&k
 February 17, 1983