AWARD N0. 265
Case No. 298
PUBLIC LAW BOARD N0. 1562
PARTIES) ATCHISON, TOPEKA AND SA11TA FE RAILU<iY GO.&.ViY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE
OF WAY Ei-iPLVYL:LE
STATEMENT OF CLAIM: Claim on behalf of former Group 5 Hachine
Operator . e ell (seniority data January 24, 1977). Eastern
Lines, for reinstatement with seniority, vacation, all other
benefit rights restored and compensation for all wa;;e loss and/or
otherwise made whole beginning August 19, 1987.
FINDINGS: This Public Law Board No. 1582 finds that the parties
sraMn era Carrier and employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute, the claimant had accumulated 85
demerits. The
last discipline assessed was for violation of Rule .3111. This
violation was failure to submit timesheet docuua:nt Form 1620-I
for the month of July, 1983.
The Organization points up that the claimant had accumulated 60
demerits on two different occasions, and had not been terminated.
The Brown System of 60 demerits subjects the employee to teraination. The accumulation of 60 demerits is not automatic. The
Carrier has the opportunity to review the claimant's record, and
if in their judgment it is a poor record, they may choose to terminate the smployss, but if he has a reasonably good record, the
Carrier may choose to give him an opportunity to improve.
Under the circumstances heroin, the evidence establishes that the
claimant had 85 demerits of record. There is no justification for
setting aside the discipline.
AWARD: Claim denied.
'%
resto . Moore, CT-l' rma union Member
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