AWARD No. 267
.Case No. 300
PUBLIC LAW BOARD N0. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY
CODtfk11Y
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim on behalf of Southern Division Trackman
7-
TiVest, seniority date June 19, 1978, for removal of 20 demer
its assessed his record as result of investigation June 24, 1983,
and for reinstatement with seniority, vacation, all rights unim
paired and pay for time lost commencing July 1, 1983, continuing.
forward and/or otherwise made whole.
FINDINGS: This
Public Law
Board No. 1582 finds that the parties
arh~n are Carrier and employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurizdiction.
In this dispute, the claimant was charged with being absent from
duty without proper authority on May 31, June 3, June 13 and
June 17, 1983. The claimant was assigned as Trackman on Extra
Gang 74, located at Galveston, Texas. Pursuant to tile investigation, the claimant was assessed 20 demerits for violation of
Rules 2 and 15.
The Organization contends that the claimant requested permission
to be off on the morning of May 31, 1983, to have his safety
glasses repaired, and the Foreman instructed him that if he was
not through
by 11:00
a.m., not to report for work that day.
The Organization contends that the claimant attempted to report
for work on June 3, 1983, but was then unable to locate the Foreman, and that car trouble prevented him from being on time.
The Organization contends that the absences from June 13 through
June 17 were a result of a misunderstanding between the claimant
and the Foreman.
The Organization
alleges that the claimant
believed that he was supposed to take vacation that week.
The Carrier contends that the evidence of record establishes that
the Foreman instructed the claimant to return to work by June 13.
The Foreman and another employee testified that those were the
instructions to the claimant. The Carrier finds the claimant
guilty of being absent without authority and assessed
liiAn
with 20
demerits. This placed him over the limit, and the Carrier terminated him under the Brown System of demerits.
PLB-1582
15gz
Award No. 267
Page 2
The claimant may have misunderstood. Under the circumstances,
the Board finds that permanent discharge is too severe. The
Carrier is directed to reinstate the claimant with seniority
and all other rights unimpaired, but without pay for time lost.
The claimant's standing demerits should be reduced to 50 demerits.
AWARD: Claim sustained as per above.
ORDER: The Carrier is directed to comply with this award within
t= r~ty days from the date of this award.
i
reston· Moore, airman
~ ~, 2,