PARTIES) ATCHISON, TOPEKA & SANTA FE RAILWAY COMPAiTZ TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

 STATEMENT OF CLAIM: That the Carrier's decision to assess.Claimant
 3.V.Ramirez =emerits after investigation July 9, 1934 was un
 just; That the Carrier now expunge 20 demerits from Claimant
 Ramirez' record, reimbursing him for all wage loss and expenses it>
 currec as a result of attending the investigation July 9, 1984
 because a review of the investigation transcript reveals that sub
 stantial evidence was not introduced that indicates Claimant is
 guilty of violation of rules he was charged with in the Notice of
 Investigation.

 FINDINGS: This Public Law Board No. 1582 finds that the parties herein 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 notified to attend the formal investigation in Fresno, California on July 9, 1984. He was charged with being absent without proper authority on June 6, 1934, in violation of Rule 15. Pursuant to the investigation, the claimant was found guilty and assessed 20 demerits. The claimant appeared at the investigation and stated that he would like to proceed, without a representative.

 The claimant testified that he did in fact fail to call the Roadmaster or his foreman, as required. He did in fact call an office in Fresno. This information was not relayed to the Roadmaster until about one hour and ten minutes after he was scheduled to report for work. The claimant attempted to call his foreman the night before, and apparently was unable to do so.

 The Board has examined the evidence and transcript of record and it suggests that the discipline assessed is too severe. A letter of warning should be issued to the claimant, advising him that more serious discipline will follow if he does not properly report when he anticipates being absent. The letter further should explicitly state to whom he should report such intended absences. The Carrier is directed to remove the 20 demerits from the claimant's file and to enter the warning letter.

 AWARD: Claim sustained as per above.

 ORDER: The Carrier is directed to comply with this award within
 tTii ty days from the date of this award.


reston.J. Moore, C, irman

 Union em er

 Q=r3.er Member

 Dated at Chicago, III October 22, 1984