PARTIES) ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY TO ) . DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

 STATEMENT OF CLAIM: That the Carrier's decision to assess Los Angeles ivssion rackman A. R. DelaRosa's record 20 demerits after an investigation August 21, 1984, resulting in an overaccumulation of demerits and removal from service effective August 24, 1984 was unjust; That the Carrier now expunge 20 demerits from Trackman DelaRosa's record, reimburse him for all wage loss commencing August 24, 1984 continuing forward, and/or otherwise made whole, because a review of the investigation transcript reveals that substantial creditable evidence sufficient to warrant the Carrier's action, does not exist.

 FINDINGS: This Public Law Board No. 1582 finds that the parties
 er~ein 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 notified to attend a formal investigation August 21, 1984 in San Bernardino, California. The claimant was charged with being absent without proper authority on August 7, 1984, while working. as a Trackman at Hesperia. Pursuant to the investigation, the claimant was found guilty and asseqsed 20 demerits. The assessment of 20 demerits resulted in an over-accumulation of demerits and the claimant was removed from the service of the Carrier August 24, 1984. The Organization filed his claim and it is now before the Board for adjudication.

 Section Foreman Alfredo F. Flores testified that the claimant did not report for work on August 7, 1984. He testified that the claimant did not have permission to be off. The claimant did not appear for the investigation although he had been notified by certified mail. The claimant has an extremely poor record and his failure to .attend the investigation indicates lack of interest in working for the Carrier. Under those circumstances, there is no justification for setting the discipline aside.

 AWARD: Claim denied.

                          Preston Moore, C airman


Dated at Chicago, ILL ,
 October 22, 1984 s