PUBLIC LAW BOARD N0. 1582
'PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim in behalf of former Trackman T. Yazzie,
Albuquerque, Division, for reinstatement to his former position 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 the claimant was dismissed for violation of Rules
3, 7, 16, 17 and 34. The claimant in this case was assigned to an
Extra Gang which had concluded their assignment at Grants, New Mexico
and was instructed to move over the week end to Aguila, Arizona and
commence work at the new location on Monday.
On Monday the claimant'did not appear for duty but he had a very good
excuse -- he had been in jail and unable to report for work. On Sunday the claimant was arrested in Winslow, Arizona. He entered a plea
of guilty and was fined $105.00 plus. $10.00 costs. He requested permission to go get the money, and the court has never seen him since.
On Monday the claimant was arrested in Flagstaff, Arizona and charged
with driving while intoxicated and not being in possession of a
driver's license. The next day the claimant entered a plea of guilty
and was fined $110.00 while driving-in an intoxicated condition and
$38.50 for driving without a driver's license. He again requested -
permission to go to his home to get the money, and Flagstaff has not
seen him since. The claimant was instructed to report for work on.
Tuesday but failed to do so.
There is no question but that there is ample evidence that claimant
is guilty of the charges. The only issue before the Board is whether
or not the discipline assessed is too severe. .
The claimant has a number of years of seniority but had been removed
from service on three previous occasions. Also he had resigned on
March 7, 1972 after being absent without authority for over 30 days.
Coupled with the fact that the claimant did not appear for the investigation indicates he is not seriously interested in working.
On the foregoing basis the Board finds no justification to reduce the
discipline assessed.
I SS~-
PLO
Award No. 26
Page 2
AWARD: Claim denied.
P
J,7
reston ,1~r'e,'Cnairman
o
0-
Asi . .
Organizati n Member
Carri r Member