AWARD N0. 34 Case No. 22

PUBLIC LAW BOARD N0. 1582

AILS) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPAPIY
7
~'u~f) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

ST?_ T: :! ENT OF CLAIM: Claim in behalf of former Trackman R. Id. Dales,
ic_<.-?le Division, for reinstatement to his former position wit's san
'.o-:ity, vacation and all other rights unimpaired and compensation
.:·: '- Vage loss beginning December 20, 1974.

!)-NCS: This Public Law Board No. 1582 finds that the parties

i~.:.~ _.z are Carrier and Employee within the meaning of the Railway
La IDor Act, as amended, and that this Board has jurisdiction.

In this dispute a formal investigation was held to determine the facts an d place the responsibility concerning an altercation at'bunic cars, Strong City, Kansas on December 10, 1974, and the alleged use ; o:- .^.:~ alcoholic beverage on that night, failure to keep bunk car in a ~l.^.·.n and sanitary condition and possible violation of Rules, 3, '7, ~.i, 13 and 25.

``:· Board has examined the transcript of record, and the claimant
:-its he had gotten drunk and angry and that he initiated the,alterc.l-.ion. Perhaps his reasons for doing so may have been laudatory, b?:'- the matter should have been corrected in another manner. Under t!-.2 circumstances the Board has no justification to overrule the c -^i.sion of the Carrier.

'Wl); Claim denied.

Carrielv lember