AWARD NO. 409
Case No. 443
PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: The Carrier violated the Agreement when it
improperly closed the service record of Trackman L. Yessilth.
Trackman L. Yessilth shall be reinstated with seniority and all
other benefits unimpaired and he shall be compensated for all wage
loss suffered beginning July 25, 1986.
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 Carrier sent the claimant a letter dated July
2, 1986 notifying him to return to service as a trackman and instructed him to report to Gallup, New Mexico at 9:30 a.m. on July
19, 1986 to board a chartered bus destined for Ransom, Illinois to
begin work on Monday, July 21, 1986. The claimant was instructed
also to acknowledge receipt of the above letter by contacting Ms.
Lorraine Y. Lope at the Employment Office, Gallup, New Mexico.
The claimant did not board the bus at Gallup, New Mexico on July
19, nor did he report for duty on the date instructed, nor did he
contact Ms. Lope to acknowledge receipt of the letter of recall.
Thereafter the Carrier terminated the claimant's employment pursuant to Rule 2-(c), 4-(c) and Appendix 20, Section 4.
The evidence of record indicates that the bus actually did not de
part until 11:00 a.m. The evidence further indicates the claimant
did not contact Ms. Lope on that date or the following Monday. In
view of these circumstances the evidence is sufficient for Carrier
to make a finding the claimant was guilty as charged, and the Board
has no authority to set the discipline aside.
AWARD: Claim denied.
Preston J~!Moore, Chairman
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Union Member
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Carrier Member