P3 RTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY _
 TO )
 DISPUTE) BROTHERHOOD OF. MAINTENANCE OF WAY EMPLOYES

 STATE"MNT OF CL:''kIM: that the Carrier's decision to assess Trackman A. DGarcia T=emerits and Trackman L. Garcia 30 demerits after investigation May 23, 1985 was unjust; That the Carrier now expunge
 0 demerits from Trac?:.man A. D. Garcia's record and 30 demerits from Trackman L. Garcia's record, reimbursing them for all wage loss and expenses incurred as a result of attending the investigation May 23, 1985 bea-ause a review of the investigation transcrint reveals that substantial evidence was not introduced that indicates Trackman A. D. Garcia and Trackman L. Garcia are guilty of violation of rules they were charged with in the I3otice of investigation.

 rIIDINCS: This Public Law Board No. 1582 finds that the _uarties lie" reinare carrier and employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the Claimants, A. D. Garcia and L. Garcia, were notified to attend an investigation to be held in Clovis, New Aexico, May 16, 1985. The claimants were charged with allegedly appropriating Company property for their personal use, and that L. GArcia reported for duty under the influence of alcohol on at least two occasions prior to June 25, 1984. Claimant A. D. Garcia was charged for a similar charge,.exce t that he allowed L. Garcia to take a Company adze for his persona use and failed to report that Truck Driver L. Garcia had reported for duty under the influence of alcoholic beverage. The investigation was postponed until :lay 23, 1985. Pursuant to the investigation the claimants were JOth round Suilty and assessed 30 demerits.

 -:ae 3cars has studied the testimony of record and the evidence sub°.aitte3. There is sufficient evidence for the Carrier to find that tae claimants were guilty to a certain degree. However, their silt is not as great as other employees who have been assessed 3ci demerits for an offense which was more serious. Therefore, t::-, Carrier is directed to reduce the demerits assessed A. D. Garcia to ::J d=merits and taose assessed L. Garcia to 15 demerits.

 P,::dARD: - Claim. sustained as per above.

 0"i-JfR: The Carrier is directed to comply with this award within ~Elirty days from the date of this award.
            /.5$~-.- Award No. 319

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