PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim on behalf of Trackman B. L. Wikel for
reinstatement to his former position with seniority, vacation and
all rights unimpaired and compensation for wage loss beginning
March 11, 1975 continuing forward.
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 had accumulated 60 demerits on his personal record. Claimant was notified on February 19 to attend a
formal investigation to develop the facts and place his responsibility with his accumulation of excessive demerits in violation of
Rule 38. Under the Brown System of Discipline in effect on this
property an accumulation of 60 demerits subjects an employe to
dismissal. (See Rule 38).
The claimant did not attend the investigation which was held on
February 24, 1975, although he was notified by certified mail of
the investigation. Claimant's service record indicates he had been
absent without authority on twelve occasions in one year's time
which establishes that the.claim_ant has a very poor record. There
is no justification to overrule the decision of the Carrier.
AWARD: Claim denied.
sd/ Preston J. Moore
Preston J. Moore, Chairman
sd/ S. E. Fleming
Organization Member
sd/ B. J. East
Carrier Member