PUBLIC LAW HOARD N0. 1582

PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO ) ~~
DISPUTE) BROTRElUi00D OF MAINTEtiANCE OF WAY LP1PLOYi:S

AWARD N0. 332 Case No. ,370

STATEMENT OF CLAIM: That the Carrier's dec'_sion-to assess Claimant
T.~Tc au eI y twenty demerits after investigation September 27,
1935 was unjust; That the Carrier now expunge twenty demerits from
Claimant McCauley's record, reimbursing nim for all wage loss and
expenses incurred as a result of attending the investigation Sep
tember 27, 1985 because a review of the invastiaation 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
reran are Carrier and employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.

In this dispute the claimant was notified to attend a formal investigation in Winslow, Arizona on October 4, 1985, to determine his alleged violation of Rules 13 and 15, General Rules for the Guidance of Employes, Form 2626 Standard, when he was all<.edly absent without proper authority on August 22, 1935. Pursuant to tae investigation, the claimant was found guilty and assessed twenty demerits. At the time in question, the claimant was assigned as a trackman on the Williams Section, Albuquerque Division.

The claimant received a notice to attend another formal investigation on October 4, 1985 on the same charge for the dates of Septeniber 13 and 16, 1985. The evidence of record is sufficient for the Carrier to find that the claimant was guilty in both cases.

The Carrier assessed twenty demerits. Under the circumstances, there is no justification for setting the demerits aside.

AWARD: Claim denied.

Dated at Chicago, Illinois

November 4, 1985

Preston ~Jd Moore, Chairman

.Union .1era er

Carrier 4em er