AWARD N0. 304
Case No. 338
PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD bfAINTENANCE'OF WAY EMPLOYES
STATE14EDIT OF CLAIM: Claim that letters of reprimand issued
raccmen_ . Smith and Fred Blair on September 28, 1984, following formal
investigation held
that date be expunged from the
claimants' respective personal record files.
FINDINGS: This Public Law Board No. 1582 finds that the parties
Ferei-ln are Carrier and employee within the meaning of the-Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimants were notified to attend a formal
investigation in Fort Worth, Texas on September 28, 1984 concerning a report that they and one other trackman allegedly had
alcohol in their possession while on duty and were inattentive
to their duties at approximately 10:50 a.m. September 14,'196
near west switch siding, Ward Spur. Pursuant to the investigation
the claimants were found guilty and were issued letters of reprimand.
T::e Board has examined the transcript of record and the testimony
of all involved. The claimant trackmen were not found guilty of
drinking while on duty or subject to duty. They were found
guilty of violating Rules 2, 15, and 17, General Rules for the
Guidance of Employes Form 2626 Standard. Track Foreman J. M.
Yzaguirre testified, as well as Road Foreman of Engines F. J. Smith,
Rules Instructor 0. D. Hamilton, and the claimants. After reviewing
all of their testimony, it is the opinion of the Board that the
discipline assessed is not justified by the evidence.
AWARD: Claim sustained.
ORDER: The Carrier is directed to comply with this award within
t~iiirty days from the date of this award.
Preston J. Ntoore, C airman
Dated at Chicago, Illinois
April
12, 1985 Union Member~
wi ier Member