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      PARTIES) Atchison, Topeka and Santa Fe Railway Company

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      DISPUTE) brotherhood of Maintenance of Way Employes


      SAThrtNT OF CLAIM: That the carrier's decision to assess Claimants 30 demerits after each investigation April 16, 1985 was unjust; That the Carrier now expunge 30 demerits from Claimants' records, reimbursing them for all wage loss and expenses incurred as a result of attending the investigation April 16, 1985 oecause a review of the investigation transcript reveals that substantial evidence was not introduced that indicates Claimants are guilty of violation of rules they were charged with in the Notice of Investigation.


      FINDINGS: This Public Law Board No. 1582 finds that the parties herein are Carrier anu employee within the meaning of the Railway Labor Act, as amended, and that this Boaro has jurisdiction.


      In this dispute the claimants were notified to attend an investigation at Emporia, Kansas, April 16, 1985, to determine the facts and place responsibility concerning the report that Foreman G. R. Stewart and Trackman J. L. Aikins were quarrelsome while at Winfield, Kansas, and to determine if the claimants violated Rules 2, 7, 16 and 31(8) of General Rules for the Guidance of Employees, Form 2626 Standard. Pursuant to the investigation, the claimants were found guilty and each assessed 30 demerits.


      The Board has studied all the testimony contained in the transcript of record. Claimant Stewart, who was the Eastern Division Foreman, was completely out of line in the manner in which he talked to the claimant. His actions were more serious than the actions of the claimant. He mace some derogatory remarks about the wife of Claimant Aikins which were completely cut of line _ano whicn cannot be tolerated. 'The discipline assessed him is clearly justified and tnere is no justification for overruling the decision of the Carrier.


      At the same time, the evidence suggests that Claimant Aikins was also guilty of violating the rules as oetermineo by the Carrier. However, his conduct was not as grievous or serious as that of Claimant Stewart. Therefore, the Carrier is directed to reduce the demerits assessed Claimant Aikins to 15 demerits.


      AWARD: Claim disposed of as per above.


      ORDER: The Carrier is directed to comply with this Awaru within thirty days from the oate of this award.

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;sg7.- Award No. 313
 Page 2

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 Dated at Chicago, Illinois

 June 5, 1985'