AWAIN, Nil ·Jli.`Case No.
43·.!
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 New
Mexico Division Trackman Dan Babe from service, effective June
10, 1987, was unjust.
Accordingly, Carrier should be required to reinstate Claimant
Bahe to service with his seniority rights unimpaired and
compen
sate him for all wages lost from June 10, 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.
By letter dated June 10, 1987 the Carrier notified the claimant
that he was absent without permission from Steel Gang 21 at Mountainair, New Mexico on May 8, 9, 10, 11, 12, 15, 16, 17, 18, 19,
22, 23, 24, 25, 29 30 and 31.
This letter stated that the claimant was absent for 17 consecutive
days without permission and notified him that he was being terminated under the Letter of Understanding dated June 13, 1976.
The claimant was further notified that he could request a formal
investigation within 20 days from that notice. The claimant wrote
a letter stating that he would like to return to work, and Carrier
notified the claimant to attend a formal investigation in Clovis,
New Mexico on June 9, 1987.
The claimant testified that he was absent from the job starting
May 8, 1987 until May 31, 1987. He admitted that he did not have
permission to be absent from his job.
The Board has reviewed all of the testimony of recdrdp; inCl.6iding
the testimony of the claimant, and finds the evidence was sufficient for the Carrier to find that the claimant was in.violation
of Rules 2, 15 and 31B, General Rules for the Guidance of Employees,
Form 2626, Std., 1978.
Under those circumstances there is no justification for setting the
discipline aside.
AWARD: Claim denied.
. /,je1- Award No. 405
Page 2
Preston Moore, Chairman
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