AWARD NO. 400
Case No. 434
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. 'that the Carrier's decision to remove Kansas City Division
B&B Carpenter L. B. Mitchell from service was unjust.
2. That the Carrier now reinstate Claimant Mitchell with sen
iority, vacation, all benefit rights unimpaired and pay for all
wage loss ~.c q result. of investigation held 9:00 a.m. September
11, 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
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 an investigation on September 11, 1987 to develop the facts and place the
responsibility, if any, in connection with his possible violation
of Rules 2, 14, 15 and 16 of General Rules for the Guidance of
Employees, Form 2626 Std. concerning his allegedly being absent
without proper authority on September 4, 1987.
Pursuant to the investigation the claimant was found guilty and
was dismissed from the service of the Carrier. The Union contends
that the Carrier's decision was unjust and too severe.
The t_ra,e;s,_ri.p:.
!f:'
r.,a,^,])-_i :·l.nd tR9 evidence produced therein establishes that the claimant did not appear for the investigation.
The claimant received notice of the investigation.
The claimant was absent on September 4, 1987, and he did not call
in or give any notification to the Carrier as to the reason for
his absence. The Carrier reviewed the claimant's past record and
determined that discharge was the proper discipline.
The Board has reviewed the claimant's discipline record and finds
he has a very poor attendance record and has been disciplined
numerous times and warned on many occasions. Under the circumstances, there is no justification for setting the discipline
aside.
Award No. 400
Page 2
AWARD: Claim denied.
~" i1. l ~-?)i
Preston J'. Moore,
Chairman
J r
/G~lfY`7
Union Member
Carrier Member