' AWARD NO. 407
Case No. 441
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 System
Steel Gang Trackman E. Begay from service, effective May 2$, 1987
was unjust.
Accordingly, Carrier should be required to reinstate Claimant Begay
to service with his seniority rights unimpaired and compensate him
for all wages lost from May 28, 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 that he was absent without permission from Steel Gang 22 on May 15, 16, 17, 18, 19 and 22,
1987. The claimant was advised that as of May 22 he was absent for
6 consecutive days without permission and he was being terminated.
the claimant was further advised that if he wished to request a
formal investigation, he could do so within 20 days from the Carrier's letter of May 28, 1987. The Union filed a claim in behalf
of the claimant which is now before the Board for a decision.
The Board has reviewed all the allegations of the Union and considered their appeal. In view of the evidence the Board finds there
is sufficient evidence of record for the Carrier to terminate the
claimant.
AWARD: Claim denied.
Preston . Moore, Chairman
U
o
Member
Carrier Member