PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim in behalf of H. Looney, Jr. for
reinstate
ment~former position with seniority, vacation and all other
rights unimpaired and compensation for wage loss until he is restored to service.
FINDINGS: This Public Law Board No. 1582 finds that the parties
erF~ e~= 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 entered the service
of
this Carrier on
June 4, 1969. During a span
of
some five months in 1972 the claimant
accumulated sixty demerits. It is noted that in a letter dated
August 16, 1972 the claimant was notified that as a result of the
demerits assessed for his violation of Rules 16 and 17 on August 8
that he had accumulated 50 demerits and that an accumulation of
sixty demerits would subject him to dismissal from the Carrier's
employ. Shortly thereafter the claimant was found guilty of being
absent without proper authority and assessed an
additional ten
demerits. The Carrier held an investigation and dismissed claimant
from the service for an accumulation of sixty demerits.
As set forth previously, this Board is without power to overrule
the decision of the Carrier when the claimant has accumulated sixty
demerits.
AWARD: Claim denied.
Preston J,, bore, Chairman
1
19
JC!'
f
~~L'vi
Organization Member
l
Carr r Member
September 12, 1973