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

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.~rest~.: _u4:_ Cad~>:_.

UH=on .·~_:ber

Dated at Chicago, Illinois
February,26, 1985