Aii.'1iUJ N0. 29£3
Case No. 3203
PU2~T~i=C l.AJ LOAIW I10.
.IJ.)2
PARTIES)
THE
ATCHISON, T`v:.'i:i:~: A:JD ~6~':i'~';''.
'rL
1'.i~11''.t.:~1 :''vii!'?::Y
TO )
DISPUTE) BitOTHERW0b :)_' I:AINTENANCE 01' v1:.Y M]LO'iL'3
STATEMENT OF CLAIM: Claim that fox:aer Traclu:;an Joua .=.very, :?..lbucluerque Division, be reinstated with aeu;c.ri.t~ , vaca-Cion, alirights unimpaired and pay for all wade loss ccmmellcin,, Ja:na.iry 27.,
1983 continuing forward and/or othervise made whole.
FINDINGS: This Public Law Board No. 1562
irds
that
Lit-
parties
Herein re Carrier and enoloyee within the
'.1ir.:LSll;i
; of che railway
Labor Act, as amended, and that this Eaard has js~l;:~i:i.::.i.o:1.
In this dispute the claimant was notif
icd
~= letter ~I::lt .. .ras
terminated for apparent violation of Rile
ls,
Ger,crr~l ."=lee= : or
the Guidance of tmployes, Form 2625 Standazd. The arnae letter
<c.:'
vised him that lie could requesu an iuvc.;tigation. 7:i-,ar:._!t:~,_, a,:
investigation was held October 13, 1982. At the i.nv~ti.<.:a~:i~n,
the claimant stated that he wished to uroc«:u wit:iotit reprc.~ uuari:.~:~.
The claimant testified that he reported for work on O,-tnbe-:c : d, but
that ha uaas under the influence of alcohol and the .-:oremcan advis-ci
him to sober up and stay in the bunk car.
Lie
fu-;ther tes~ifie<y
that the next day he vas really in Dad shape tend wa;=-a't
2n
coadi-tion to work. He stated that on the 19ta the: forema:A i:o1;'
~aL-~ ti
leave the premises, and that he did not
1'Ea:~.'.~
LV
.:~-ic sitar that
date.
The Roadmaster's Clark testified that tlLe clai-i,:ar.t ;;as :ao:.:..lng on
a tie gang that was abolished October 15 Iilld that r:,--: e.lec
ca·i
to
reuort to the Ash Fork Section. She te.'-;[lf.'it'.'.: th::t
1L.Le
'-a._:.:ant
never reported for worL, nor did he rE4ubst a iea:vs
OL
:if~a~_1:.^.,.
She further testified that. the claimant
odds i_I
the:
of.-L.:,-
--I
October 21 and he was instructed then tl.at
ae
shoald
T'ep(3L
~ ~ to
Ash Fork Section for v:oxk, and that he static he e:~oui.~,; do :,c. on
October 23. However, he failed to do :;o.
Under the circumstances, there is no justification :.-o::
overr:7lir_L
the decision of the Carrier.
A14ARD: Claim denied.
PLB No. 1582
j:.:ard : _ . 298
/~ -' . '_. !~ ,/ ;~ f i
,j: ~.~
.~rest~.: _u4:_
Cad~>:_.
UH=on .·~_:ber
Dated at Chicago, Illinois
February,26, 1985