PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE OF 14AY EkIPLOYES

 STATEMENT OF CLAIM: That the Carrier's decision to assess Claimant D. R. o twenty demerits after investigation September 4, 1985 was unjust; That the Carrier now expunge twenty demerits from Claimant D. R. Polk's record, reimbursing him for all wage loss and expenses incurred as a result of attending the investigation September 4, 1985 because a review of the investigation transcript reveals that substantial evidence was not introduced that indicates Claimant is guilty of violation of rules he was charged with in the Notice of Investigation.

 FINDINGS: This. Public Law Board No. 1582 finds that the parties
 erg ein are Carrier and employee within the meaning of the Rail-
 way Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the claimant was notified by letter dated August 26, 1985 to attend a formal investigation at Amarillo, Texas, on September 4, 1985, concerning his allegedly reporting to work late at Wellington on August 19, 1985, and to determine the facts and place the responsibility, if any, in possible violation of Rule 752(A), Rules, Maintenance of Way and Structures, Form 1015 Standard. Pursuant to the investigation, the claimant was found-guilty and assessed twenty demerits fcr being late to work, in violation of Rule 752(A), Rules, Maintenance of Way and Structures, Form 1015 Standard.

 L. D. Gawthrop, Roadmaster at Harper, fansas, testified the claimant was under his supervision on August 19, 1985, and on that date the claimant's assigned hours-were 8:00 a.m. until 4:30 p.m. He testified that the claimant called at 7:50 a.m. and reported he would be late. At the time the claimant called, lie was approximately seventy miles from his assignment. The Roadmaster then testified that the claimant did not report for work on that date.

 The claimant testified that he was assigned to report for duty at 8:00 a.m. and reported to his assignment at approximately 8:30 or 8:45 a.m. The claimant testified he was driving at night and went into a pretty good rainstorm, so he pulled over and went to sleep, which caused him to be late.

 The Board has reviewed the testimony of record and finds that the discipline assessed is too severe. The claimant was late to work only thirty or forty-five minutes, and he made every effort
 PLB-1582 Award No. 331
 Page 2

 to call and advise his foreman that he would be late. Under the circumstances, ten demerits are all that are justified. The Carrier is directed to reduce the demerits to ten demerits.

 AWARD: Claim sustained as per above.

 ORDER: The Carrier is directed to comply with this award within try days from the date of this award.


                                2

                          Union Member


                          Carrier Me mbar


Dated at c.hicago, Illinois uccooer 11, 1985