AWARD :10. 239
Case No. 273
PUBLIC LAX BOARD NO. 1582
PARTIES) ATCHISON, TOPE:U AND SANTA
FE RAILWAY COMP AMITY
TO )
DISPUTE) BROTHERHOOD OF MAINTEWCE OF WAY EMPLOYEES
STATMENT OF CLAIM: '
1. That the Carrier's decision to assess claimant thirty (30)
demerits after investigation July 1, 1983 was unjust.
2. That the Carrier now expunge thirty (30) demerits from the
claimant's record, reimbursing him for all. wage loss and expenses
incurred as a result of attending the isaestigation July 1, 1963,
because a review of the investigation transcript reveals that
substantial evidence was not introduced that indicates claimant
is guilty of violation of rules he was charged with in the Notice
of Investigation.
FINDINGS: This Public
Law Board No. 1582 finds that the parties
er~are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
T= this dispute the claimant was charged with being insubordinate
by failing to remain available on May 5, 1983 as instructed. An
investigation was held, and pursuant to the
investigation the
claimant was found guilty and assessed 30 demerits.
As :gay 5, 1983 the claimant was.assigned as a welder-helper on
Boutet Gang 61. C_ W.
Schiele, Roadmaster,
testified that on that
date he had taken the claimant to see Dr. Mack Indoe, after whici
he returned with the claimant to the cialmant's camper which had
been parked inside the limits of Barstow Yard and instructed him.
to stay available since the superintendent was coming to town and
wanted to talk to the claimant.
Roadmaster Schiele further testified that he instructed the claimant that if he left his camper it would only be to eat lunch and
he was to return to the camper as quickly as possible. He fuL then
testified that at some time between 4:00 p.m. and 6:00 a.m. the
claimant loaded his camper and departed the premises without permission.
Roadmaster Schiele tastified that he posted an employae at the
claimant's camper at approximately 2:00 p.m. with instructions to
bring the claimant to his office if he returned. Farther the
Roadmaster testified that this employee went off duty at 3:30
~,~gD.-
Award go. 239
?age 2
p.m., and other people, including the Roadmaster, watched the
camper for the claimant's return until 4:00 p.m., but claimant
did not return.
The claimant testified that he returned to his camper at approximately 3:30 p.m. and saw Alex Mesa there and that he told him he
was leaving. Apparently the claimant's testimony meant that :rr.
Mesa: told him he was leaving but he did not have any conversation
with rir. Mesa.
The claimant testified that he did not understand that ar. Schiele
instructed him to remain available to talk to the Division Engineer. However, Roadmas.ter Schiele again testified that he gave
ar.
Mesa a specific assignment to watch for the claimant and to
either have the claimant come to the office or to call in and let
him know that the claimant was there.
Rule go. 2 states in part: "If an employee is in doubt, or does
not know the meaning of any rule or instruction, he should promptly
ask. his supervisor for an explanation." Some latitude is granted
to the claimant, but the evidence herein indicates that the in
structions were explicit. and the claimant did not ask =or any
ex~nlanation. Under the circumstances there is no justification
for-setting the discipline aside.
AYTARD::. Claim denied.
Preston J . Moor e, C:za.i.rman
Organization member
S
Carrier Member
Dated at Chicago, Illinois
Zeptember 13, 1983