AWARD
NO. 339
Case No. 376
PUBLIC LAW BOARD
NO.
1.582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
STATEMENT OF CLAIM: That the Carrier's decision to assess
Claimant Villa thirty (30) demerits after investigation Novem
ber 11, 1985 was unjust; That the Carrier now expunge thirty
(30) demerits from Claimant Villa's record because a review of
the investigation transcript reveals that substantial evidence
was not introduced that indicates Claimant Villa is guilty of
violation of rules he was charged with in the Notice of Inves
tigation.
FINDINGS: This Public Law Board No. 1582 finds that the parties
herein 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 an investigation on November 11, 1985 in Lubbock, Texas, concerning his
failure to report for duty on October 11, 1985 on the Big Lake'
Section without proper leave of absence and without proper
authority, and establish responsibility, if any, for violation
of rules or instructions or breach of duty on the part of the
claimant. Pursuant to the investigation, the claimant was
found guilty and assessed thirty demerits. The claimant did
not appear for the investigation.
Roadmaster C. McAlister testified that the claimant was assigned
to his Big Lake Section, which is under his jurisdiction, and
that the claimant did not report for duty on October 11, 1985,
and he did not have permission to be absent. B. A. Esparza,
Section Foreman at Big Lake, testified to the same facts.
Under those circumstances, there is no justification for setting
the discipline aside.
AWARD: Claim denied.
Preston . Moore, Chairman
Union Membe
Dated at Chicago, Illinois
January 17, 1986
Carrier Membei