PARTIES) ATCHISON, TOPEKA AND SANTA FL RAILW?:i CONIANY
 TO
 DISPUTE) ) B~17iERH00D~,~,0D OF ~AINTLNAINTLNANCE OF W14Y L;~iPL01,:o:J,

 STATEMENT OF CLAIM: Claim on behalf of Colorado Division Traek
 man 1R. e~saniority date April 13, 197ts, for rainstatewent
 with seniority, vacation, all rights unimpaired and pay i:or all
 wage loss commencing August 3, 1983, continuing fortjard and/or
 otherwise made whole.

 FINDINGS: This Public Law Board No. 1582 finds that the partian
 Ter' sia re Carrier and employee within the meaning of the Railway
 Labor Act, as amended, and that this Board has jurij.liction.

 In this dispute, the claimant was charged with claiming an onduty injury July 22, 1983, and an attempt to cause u"iuage to Company property, Garden City, Kansas, on July 2::, i9j3.

 The evidence of record establishes that on the data in question, July 22, 1983, fallow ample sea heard the cldiwant state, "Today is the day," and that the claimant had exclaimed, 'hay back, wy back," and would roach back and hold his back. The ewployees testified that this~was a standing order of business with the claimant and that he meant that his back was going to go out. On the data in question, the claimant contended that·his back was injured and ha was. taken to a doctor. The claimant later a"tted tlaxt he placed two spikes behind a Company vehicle utiicli would have damsged or ruined the.. tires of the vehicle when it was backed up. He also stated that Its. would not make any claim for lost tiaue because of the alleged injury.

 After reviewing the entire transcript of record and the aviden" ui the claimant's fallow employees, the Board finds that there is sufficient evidence for the Carrier to find the claimcAnt guilty of several rule violations. Under the circuaultax,ces, there is tic justification to set the discipline aside.

 AWARD: Claim denied.



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