AWARD NO. 351
Case No. 385
PUBLIC LAW BOARD NO. 1582
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 remove
Claimant D. C. Vallejos from service after investigation
June 27, 1986 was unjust; That the Carrier now reinstate
Claimant Vallejos with seniority, vacation, all benefit
rights unimpaired and pay for all wage loss as a result of
investigation held June 27, 1986 continuing forward and/or
otherwise made whole, because the Carrier did not introduce
substantial, creditable evidence that proved that the
Claimant violated the rules enumerated in their decision,
and even if Claimant violated the rules enumerated in the
decision, permanent removal from service is extreme and
harsh discipline under the circumstances.
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.
By letter dated May 22, 1986, the Carrier notified the claimant that his seniority and his employment with the Company
was terminated because he had been absent without proper
authority starting March 24; 1986. The Carrier cited the
Agreement between the parties, and specifically Appendix 11,
which is a Letter of Understanding dated July 13, 1976.
The claimant requested a formal investigation and the investigation was held in San Bernardino, California, on June 27,
1936. A certified letter dated June 13, 1986 was mailed to
the claimant. The letter advised him that the investigation
would commence at 9:00 a.m. At 9:55 a.m. the claimant had
not appeared, nor had he requested a postponement. At 9:55 a.m.
the investigation commenced with the claimant absent.
The evidence indicates that the claimant last reported for
duty on March 21, 1936. The Carrier made every effort to contact him, but was unable to do so. The claimant did not have
permission to lay off, nor did he request a leave of absence.
The claimant was removed from service on May 22, 1986. Under
the circumstances herein there is no justification for setting
the discipline aside.
AWARD: Claim denied.
PLB-1582 Award No. 351
Page 2
,~)~Glc'
'Preston 'J./Moore, Chairman
Dated at Chicago, Illinois °`
August 11, 1986
Crier Member