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

 STATEMENT OF CLAIM:

 L.. That the Carrier's decision to assess Claimant thirty (30) demerits-after investigation September 30, 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 investigation September 30, 1983,- because -a review-of the investigation transcript reveals that.subs.tantiaL, creditable 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 Labs Board No. 1532 finds that the parties
 ierf eia 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 a formal in
 vestigation, in the. Division.Engineer:'s Office at San. Bernardino,
 California at 3:00. a.m- on September 30,. 1983. The claimant was
 charged. with consumption of alcoholic beverages, while in the out
 fit car at Goffs, California. Pursuant to the investigation the
 claimant was found guilty and was assessed 30 demerits for being
 in. violation of Rule 14, General Rules for the Guidance. of-Em-...
 ployees., Form Z626 Standard,. 1978. -

 The evidence establishes. that the claimant was a gang foreman on September l,. 1983. one of the employees under him and another employee came into the outfit car at Goffs, California and opened twa cans:. of beer in his presence.

 The claimant took no action and failed to admonish the employees regarding drinking beer-until two days later when he advised them there would be no more beer in the. outfit car. Apparently this statement was made to the employee who worked under the claimant herein.

 The evidence establishes that the claimant was guilty, but it is the opinion of the Board that 30 demerits is too severe discipline for the offense committed herein. The Carrier is directed to reduce the demerits assessed to 15 demerits.


AWAR : Claim sustained as per above.

 ORDER: The: Carrier is directed to comply with this. award. within
 tT~y days from the date of this award.. .

                          reston J ;'Moose, L' airman


Organization Member

                        - .em er


Dated at Chicago, Tllinois~ '
 Decerfl~ier IZ,19M3;_ - .