1., That the- Carrier's decision to assess Plains.. Division Track
 man R. R.. Giard's record twenty (20) demerits after an investiga
 tion September 16, 1983, resulting in an over-accumulation of
 demerits and removal from service effective September 16, 1983
 was unjust. -

 2. That the Carrier now expunge twenty (20) demerits from Trackman G?rard's record, reimburse him for all wage loss commencingSeptember 16, 19is3 continuing forward, and all expenses incurred as result-of-attending the investigation September 16, 1983`, andlor otherwise made whole, because a review of the investigation transcript reveals that substantial creditable evidence sufficient to..warrant the Carrier's action,, does not exist.

 FINDINGS: This. Public Law Board No. 1582 finds that the parties
 e=e:.n 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 to attend an investigation.wherein he-was charged with being absent without proper authority on August 9, 1983.. The investigation was held on September 16, 1983, and. pursuant thereto the claimant was found guilty and was. assessed 20 demerits.

 Extra Gang-Foreman Kennedy testified that the claimant failed to .report for work on August 9, 1983 and that he had not received permissiott to be absent on that date.

 Roadmaster Padilla testified that the claimant called him at 7:25 a.m. on August 9,. and he instructed. the claimant to telephone Foreman Kennedy at-fereford and make his request to be off. The Roadmaster. stated that he did not give the claimant permission to be- off..

 Roadmaster Padilla further te:Dtified that he had instructed the traclmen.to ask for the foreman's telephone number, and if they had any problems they were to call their foreman.

 Under the circumstances herein some discipline is justified. The claimant was given 20-demerits, and those demerits put him over the number which perm-is the Carrier to discharge an employee.


The only issue before the Board is whether or not the demerits isaued were justified.

 The evidefce indicates that the claimant.certainly could have contacted his foreman., and further he could have driven to the job.site and discussed the matter with his, foreman and still accomplished all he believed he had to do with his lawyer and with the police.on the date in question.

 There is no justification for setting the demerits aside. Therefore the. claim for reinstatement and expunging the 20 demerits is denied..

 AWARD: Claim denied.

                        __ _, LI !~

                  . _ , reston Moore, a rman


                          Organization member


                        11315 Mem er


Dated at Chicago, Illinois December 12, 198.3