PUBLIC LAW BOARD N0. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: That the Carrier now reinstate J. L. Richard
to his former position with seniority, vacation and all other
rights unimpaired and compensate him for wage loss
beginning Feb
ruary 3, 1975
continuing forward
to date that he is restored to
service.
Claim in behalf of Jerry Lee Richard for reinstatement to his
former position with seniority, vacation and all other rights unimpaired and
compensation for
wage loss beginning April 28, 1975
continuing
forward
to
date he is restored to service.
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 claimant was discharged from the service of the
Carrier for insubordination on January 28, 1975 and the improper
use of the Company's
communication system
in violation of Rule
752(b) and 755. Claimant was discharged pursuant to an investigation of February 3, 1975 and was reinstated on a leniency basis
without pay for time lost on March _3, 1975. _
On April 7, 1975 another formal
investigation was
conducted to
determine facts and place responsibility in
connection with
claimant allegedly having appropriated gasoline from a Company
vehicle and a possible violation of Rule 756 and with being absent
from duty without authority March 17 through March 31, 1975.
A study of the record indicates that claimant had been assessed 50
demerits during his
nine months
of service. Although the Organization alleges that the Carrier was unfair, partial and was guilty
of prejudgment in
conducting the
investigation, a study of the
record indicates the evidence was sufficient to find claimant was
guilty as charged. Under the circumstances claimant's record does
not justify a
finding that
the discipline assessed was harsh,
arbitrary or unjust. On the foregoing basis there is no support
for the claim.
AWARD: Claim denied.
sd/ Preston J. Moore
Preston J. Moore, Chairman
sd/ S. E. Fleming
Organization Member
y°d/ B.
.T.. Raca
Carrier Member