' AWARD NO. 395
' Case No. 429
PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: 1. That the Carrier's decision to remove
Los Angeles Division Trackman Mario Martinez from service was
unjust.
2. That the Carrier now reinstate Claimant Martinez with sen
iority, vacation, all benefit rights unimpaired and pay for all
wage loss as a result of investigation held 9:00 a.m., July 28,
1987 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 the
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.
In this dispute the claimant was notified to attend a formal investigation in Los Angeles, California on July 28, 1987. The
claimant was charged with being absent from duty without proper
authority commencing June 10, 1987 and with the possible violation
of Rules 2 and 15, General Rules for the Guidance of Employees,
1978, Form 2626 Standard.
Pursuant to the investigation the claimant was found guilty of
violating Rules 2 and 15 and was removed from service. Claimant
was notified by letter dated June 19, 1987 that he could request
an investigation under the provisions of Rule 13 of the current
Maintenance of Way Agreement. However, the evidence establishesthat the formal investigation was held, but the claimant did not
appear.
There is sufficient evidence for the Carrier to find that the
claimant was guilty as charged. There is no justification for
setting the discipline aside.
AWARD: Claim denied.
Award No. 395
Page 2
Preston, J/ Moore, Ch~Trman
Union Member
Carrier Member