".- .-c:-- Case No. 2~



:==~,_DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

 `- '.-==STAtEMENT OF CLAIM: Claim in behalf of D. Francis for reins tatement~F`- `
 °--to- his former position of track foreman with seniority, vacation,and.:·-.-
 - -=-a11, other rights unimpaired and compensation for the difference: in- -2- -.
 '''':the: Prate of track. foreman and the rate he receives beginning June': r, s ;i`'-r
 =':19;-·;.1974, continuing forward to date he is restored to the positiom''.:~x'



-':FINDINGS : - This Public Law Board No. 1582 finds that the parties.-3,

-.. e~rel~n.are Carrier and Employee within the meaning of the Railway~.· .';
    -Labof.Act, as amended, and that this Board has jurisdiction.. ~~:r. ~~-

:~ . _~. .<,, r

 _;`=;·Iri--this dispute claimant had acquired 60 demerits and was notified'JM-"
 °:an.:;inves.tigation would be held April 22, 1974. Thereafter claimant
 .-,.' was -notified his name was being removed from the section foreman's :'-'';
 `' seniority roster and that he would hold position of machine operator$-~:°.~,L'
 __ _: ·or trackman only. : - -.:,..

    :^The.Oroanization filed this claim contending claimant had been wrong-7=

_,-:fulIy~demoted because he had not been advised of his rights to accept.-'_:
 ar-reject the demerits assessed his record as a result of November 19';.' - -'-.,.to_ December 7, 1973 incident. The Organization also contends'" the 'in-,;~ -.~ 4estigation was not promptly held and that claimant's personal record__,
    -'should:have been credited with 10 -demerits covering the period Gma

    o'e

    v r~_four uionths clear record time between January 15 and June 27, :1974.

_.. _:--, w mss, :~:~:_Y°: .

 :.-°The.:Board has examined all of the allegations of the Organizatioa-and-=-- ·,
 - _finds:-no support to overrule the decision of the Carrier The clam=__-'.:-,
    ant-realized he had 60 demerits, and it is apparent the claimant was ° -

.-=.aware-: that, the accumulation of 60 demerits could result in discipline: '-=_

 -. AWARD · -
 :. .Claim denied. ' , :-;.__-

 Preston J re, Chairn<

 rganization member,

 Carri Member