AWARD NO. 406
Case No. 440
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 Northern
Division I. R. Wade from service, effectiveMarch 23, 1987, was
unjust.
Accordingly, Carrier should be required to reinstate Claimant Wade
to service with his seniority rights unimpaired and compensate him
for all wages lost from March 23, 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 March 23, 1987 the claimant was notified that he
had accumulated 110 demerits and was being terminated for excessive
demerits. The evidence establishes that the claimant had signed
and accepted demerits which indicated a balance of 110. This
acceptance was dated March 20, 1987.
The Board has carefully studied the position of the Union representing the claimant, but the Board has no latitude in this matter
since the claimant signed and accepted demerits which reached the
total of 110. Under those circumstances the Board has the right
to terminate an employee, and the Board does not have the authority
to set that decision aside.
AWARD: Claim denied.
Press Moore, Chairman
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Union Member
Carrier Member