AWARD NO. 402
Case No. 436
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 assess Claimant L. G. Williams
thirty (30) demerits after investigation October 23, 1987 was
unjust.
2. That the Carrier now expunge thirty (30) demerits from the
Claimant's record, reimbursing him for all wage loss and expenses
incurred as a result of attending the investigation October 23,
1987 because a review of the investigation transcript reveals
that substantial evidence was not introduced that indicates the
Claimant is guilty of violation of rules he was charged with in
the Notice of Investigation.
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 Amarillo, Texas on October 19, 1987 concerning his
allegedly being absent without proper authority from his assignment on Extra Gang 31 on September 24, 1987, so as to determine
the facts and place responsibility, if any,involving possible
violation of Rules 13 and 15 of the General Rules for the Guidance
of Employees.
The investigation was postponed and held on October 23, 1987.
Pursuant to the investigation the claimant was found guilty and
was assessed thirty demerits.
L.A. McClure, Extra Gang Foreman Tie Gang 31, testified that he
was the foreman on Tie Gang 31 assigned at Tyler, Texas on September 24, 1987. He stated that the claimant was assigned to his
gang and did not work on that date and further he did not grant
the claimant permission to be off work.
The claimant testified that he did not have permission to be off,
but he did not work his assignment on that date.
After reviewing the transcript of record, it appears to the Board
that thirty demerits is excessive and directs the Carrier to reduce the discipline to twenty demerits.
Award No. 402
Page 2
AWARD: Claim sustained as per above.
ORDER: The Carrier is directed to comply with this award within
thirty days from the date of this award.
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Union Member
Carrier Member