AWARD N0. 354
Case No. 388
PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
STATEMENT OF CLAI11i: That the Carrier's decision to assess
Claimant J. D. Myers thirty (30) demerits after investiga
tion May 30, 1986 was unjust; That the Carrier now expunge
thirty demerits from Claimant's record, reimbursing him for
all wage loss and expenses incurred as a result of attend
ing the investigation May 30, 1986 because a review of the
investigation transcript reveals that substantial evidence
was not introduced that indicates Claimant is guilty of
violation of rules he was charged with in the Notice of
Investigation.
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 a formal
investigation in San Bernardino, California, May 30, 1986,
concerning his allegedly being absent from duty without
proper authority commencing April 24, 1986, while assigned
as a trackman at Los Angeles, to determine the facts and
place his responsibility, if any, involving possible violation of Rules 2, 13, and 15, General Rules for the Guidance
of Employes, Form 2626 Standard, 1978. Pursuant to the
investigation the claimant was assessed thirty demerits for
his violation of Rule 15.
The investigation was held in the absence of the claimant.
He was notified by certified mail and failed to appear.
E. B. Martin, Chief Clerk to the Division Engineer in San
Bernardino, testified that the claimant acknowledged receipt
of notice of the investigation. The evidence further establishes that the claimant had not performed service since
April 24, 1986. The evidence further establishes that the
claimant was not given permission to be off work by any of
the supervisors on the Los Angeles Division. The evidence
is sufficient for the Carrier to find that the claimant was
guilty of the violation charged.
AWARD: Claim denied.
PLB-1582 Award No. 354
Page 2
Prestontf. Moore, Chairman
Union Member
Carrier Member
Dated at Chicago, Illinois
September 19, 1986