AWARD NO. 404
Case No. 438
PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Carrier's decision to remove former Plains
Division Machine Operator L. J. Davidson from service, effective
July 13, 1987 was unjust.
Accordingly, Carrier should be required to reinstate Claimant
Davidson to service with his seniority rights unimpaired and
compensate him for all wages lost from July 13, 1987.
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 June 23, 1987 concerning his
allegedly being absent from assignment on Extra Gang 37 without
proper authority on June 6, 1987 and to determine the facts and
place the responsibility, if any, involving possible violation of
Rules 13 and 15 of the General Rules for the Guidance of Employees,
1978.
The investigation was postponed until July 13, 1987. Pursuant to
the investigation the claimant was found guilty of violating Rules
13 and 15 and was assessed 30 demerits.
The claimant testified that he did not report for duty on June 6
on time. He further stated that he did not have authority to be
absent on that date. The claimant also stated that he did not
work any on the date of June 6.
The claimant was also notified to attend an investigation to
determine the facts concerning his being late on June 14, 1987
from his assignment on Extra Gang 37 and determine his responsibility, if any, for possible violation of rules and instructions
for breech of duty on the part of any employee in connection
therewith.
The claimant testified that his assigned hours on June 14, 1987
were from 3:30 a.m. until 12:00 noon, and he did not report for
his assignment on that date.
The claimant was also notified to attend an investigation for
being absent without proper authority on June 26, 1987. Claimant
testified regarding that date that he called the Roadmaster's
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Award No. 404
Page 2
Clerk and advised her that he was going to Enid to pick up his
mother and take her to the hospital. He testified that this
was not a true fact.
The Board has reviewed all the evidence of record and finds there
is no justification to set the discipline aside.
AWARD: Claim denied.
Preston ~. Moore, Chairman
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