AWARD N0. 390
Case No. 421
PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
1. Carrier's decision to remove former Southern Division B&B
Mechanic L. P. Delcambre from service effective August 26, 1986
was unjust.
2. Accordingly Carrier should be required to reinstate claimant
Delcambre to service with his seniority rights unimpaired and
compensate him for all wages lost from August 26, 1986.
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 letter dated August
26, 1986 that he had been absent without proper authority in excess of five days. The claimant was advised that if he wished to
have an investigation he could do so within twenty days of the
date of the notice. The claimant requested an investigation, and
he was notified to attend a formal investigation in Temple, Texas
on Monday, October 13, 1986 in connection_withreports alleging
that he was absent without proper authority on August 11, 1986 and
continuing forward, so as to determine the facts and place the
responsibility, if any, involving possible violation of Rules 13
and 15, General Rules for the Guidance of Employees, Form 2626 Std.
The investigation was postponed and was held on October 20, 1986.
Pursuant to the investigation the claimant was dismissed from the
service of the Carrier.
W. E. Johnson, General Foreman B&B Southern Division, testified
that the last day the claimant worked was August 8, 1986. He also
testified the claimant did not have a leave of absence and was not
authorized to be absent. He testified that previously the claimant
had requested a leave of absence, but it had been denied.
This witness further stated that the leave request was in order
for the claimant to go to school, and he was not aware of any leave
of absence which was being granted for an employee to go to school.
He stated that the claimant called him later and complained because
he was not granted a leave of absence. He further testified that
the claimant never submitted a written request for a leave of absence.
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The claimant testified that General Foreman Johnson granted him
a ten day leave of absence. The claimant further testified that
he was going to attend the Southwestern Theological Seminary for
the purpose of becoming a pastor, and it would take approximately
two and one-half to three years to graduate.
The claimant testified that he requested a ninety day leave of
absence which was denied by Mr. Johnson. He stated that when Mr.
Johnson denied his request, he called Mr. Spann. The claimant
testified that he told Mr. Johnson August 8 would be his last
day at work and that he did not return after the ten calendar days
ended on Wednesday. The claimant contended that he called Mr.
Garmon besides Mr. Spann and was advised that he should be able
to obtain a leave of absence.
The Board has reviewed all the evidence and testimony of record.
It is evident that the claimant intended to take time off to attend
school whether or not he was granted a leave of absence. He did
not receive a leave of absence and was absent without authority
for an extended period of time. Under those circumstances there
is no justification for setting the discipline aside.
AWARD: Claim denied.
Prest . Moore, hairman
Union Member
Carrier Member