AWARD NO. 344
Case No.363
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 Northern
Division Trackman C. S. Priest from service effective July
23, 1954, was unjust. Accordingly, Carrier should be
required to reinstate Claimant Priest with seniority rights
unimpaired and compensate him for all wages lost for July
23, 1954.
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 had accumulated sixty demerits
as of July 23, 1984. At that time he was dismissed from
the service of the Carrier. Rule 31-H of the General Rules
for the Guidance of Employes, Form 2626 Std., reads in part:
".
. . A balance of sixty demerits subjects an employee to
dismissal."
The evidence establishes that the claimant had sixty demerits
outstanding and, therefore, the Board has no authority to set
the discipline aside.
AWARD: Claim denied.
Preston .,% Moore, Chairman
G'
Union
Member
Dated at Chicago, Illinois ~,
April 7, 1986 Carrier Membe-