PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
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DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim in behalf of former Trackman-Truck Driver
A. Mariano, A1lbuquerque Division, for reinstatement with seniority,
vacation and all other rights unimpaired and compensation for wage
loss beginning April 5, 1974.
FINDINGS: This Public Law Board No. 1582 finds that the parties
erein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute claimant was discharged for violation of-Rules 3, 7,
16, 17 and 34. On Friday March 15, 1974 the Extra Gang to which the
claimant was assigned completed their assignment at Grants, New Mexico
and were instructed to move over the week end to Aguila, Arizona, a
distance of approximate~r 250 miles and to commence work at the new
location on Monday, March 18.
On May 18 the foreman was unable to locate the claimant and the truck.
On inquiry and investigation, it was learned that the claimant had
been stopped by the Arizona Highway Patrol and placed under arrest
for driving while intoxicated. Evidence of record also indicates
that the claimant was not driving toward the location at Aguila but
was driving in the opposite direction. .
The Board has reviewed the'transcript and testimony of record and
finds there is no evidence which would justify overruling the decis-
ion of the Carrier. -
AWARD: Claim denied.
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