AWARD NO. 399
Case No. 433
PUBLIC LAW BOARD NO. 1582
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
1. That the Carrier's decision to remove Southern Division Track
man W. W. Huey from service was unjust.
2. That the Carrier now reinstate Claimant Huey with seniority,
vacation, all benefit rights unimpaired and pay for all wage loss
as a result of investigation held 9:15 a.m., February 2, 1987,
continuing forward and/or otherwise made whole, because the Car
rier 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.
In this dispute the claimant was notified to attend a formal investigation at Temple, Texas on January 30, 1987 to develop the
facts and place responsibility, if any, concerning his allegedly
being absent without proper authority December 12, 15, 16, 17,
18 and 19, 1986 in possible violation of Rules 2 and 15, General
Rules for the Guidance of Employees, Form 2626 Standard.
The investigation was postponed and was held on February 2, 1987.
The claimant did not attend the investigation. Pursuant to the
investigation the claimant was dismissed from the service of the
Carrier.
L. G. Huggins testified that he was the foreman assigned to Tie
Gang 65 on December 12, 1986. He testified that the claimant
showed up for work at Longview approximately five minutes late
on December 12, 1986. He stated that he instructed the claimant
to get on the bus, that the other men were waiting for him, and
the claimant responded that his throat was getting scratchy and
he was going to go home. Mr. Huggins stated that he refused to
grant the claimant permission to be off duty, but the claimant
departed without his permission.
Mr. Huggins further testified that he had not heard from the
claimant since Friday, December 12, 1986, and Foreman Richard
Gohlke reported the claimant absent without official leave on
December 16, 17, 18 and 19, 1986.
Award No. 399
Page 2
The Board has reviewed the evidence of record, and there is no
evidence which would justify overruling the decision of the
Carrier.
AWARD: Claim denied.
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-' /VAL
Preston`J. Moore, Chairman
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2
Organizatlo~
Carrier Member