AWARD NO. 420
Case No. 453
PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Carrier's decision to remove former Albuquerque
Division Trackman Nathaniel Murphy from service, effective May 8,
1987, was unjust. Accordingly Carrier should be required to reinstate Claimant Murphy to service with his seniority rights unimpaired and compensate him for all wages lost from May 8, 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 by letter dated April 1,
1987 that his seniority and employment with the Carrier were being
terminated as of that date for his having been absent from work
without proper authority commencing October 10, 1986.
The claimant was also notified that he could request a formal in-
vestigation. The claimant did so, and the investigation was held .
on May 8, 1987 in Winslow, Arizona. Pursuant to the investigation
the claimant was found guilty and was removed from the service of
the Carrier.
The claimant testified that he had been an employee for 22 months
and he was a truck driver and trackman. The claimant testified he
was on suspension up until October 9, 1986 and did not return to
work on October 10, 1986 or anytime thereafter. He further stated
that he did not secure permission to lay off prior to October 10,
1986.
The Personnel Clerk testified that the claimant was scheduled to
return to work on the morning of October 10, 1986.
The claimant testified that he attempted to get into a rehabilitation program either at Prescott or Gallup but could not get in.
lie stated that he was drinking pretty hard, and he was frustrated,
angry and lost interest. He stated that he did thirty days altogether, combined, going through rehabilitation.
The claimant further stated that he had been seeing a counsellor
in Lupton and had been trying to get back into the program at
Prescott for another thirty days. lie stated that he had attended
a couple of AA meetings.
- ~~ Award No. 420
Page 2
The evidence is insufficient for the Carrier to find that the
claimant has rehabilitated himself.
AWARD: Claim denied.
)l
Preston J1Moore, Chairman
Union M~mber
~/
s;
iffy
Carrier Member