AWARD NO. 343
Case No. 362
PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
STATEMENT OF CLAIM: Carrier's decision to remove Illinois
Trackman David Gregory from service effective August 16,
1984, was unjust. Accordingly, Carrier should be required
to reinstate Claimant Gregory with seniority rights unimpaired and compensate him for all wages lost from August 16,
1984.
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 by certified mail
dated August 16, 1984 that his seniority and employment were
terminated due to his being absent without authority since _
August 6, 1984, and that he could, if he desired, request an
investigation under Rule 13, Appendix 11 of the current agreement within twenty days of the date of that notice. No request
for an investigation was received by the Carrier.
The evidence establishes that the claimant was a trackman on
the Gilman Section, Peoria District, and was placed on August 3, 1984. On August 5, 1984 he was scheduled to report
for work on Extra Gang No. 65. He did not report and did not
have permission to be off, nor did he have a leave of absence.
He had not reported for duty by August 15 and consequently the
above notification terminating his employment was sent to the
claimant.
The Board has reviewed the entire evidence of record and finds
there. is no violation of the agreement, and there is no justification for overruling the decision of the Carrier.
AWARD: Claim denied.
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Presto , J._ Moore, Chairman
Dated at Chicago, I11.
April 7, 1986 Union Member
Carrier Membe^