AWARD NO. 430
Case No. 464
PUBLIC LAW BOARD NO. 1582
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: '
(1) Carrier's decision to remove former New Division Trackman
E. R. Montoya from service, effective December 29, 1987, was
unjust.
(2) Accordingly Carrier should be required to reinstate Claimant Montoya to service with his seniority rights unimpaired and
compensate him for all wages lost from December 29, 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 ha§ jurisdiction.
In this dispute the Carrier notified the claimant by letter dated
December 29, 1987 that he had signed for 30 demerits for being
absent without proper authority at Ft. Sumner, New Mexico on
December 18, 1987.
This waiver, which was signed by the claimant, stated: " . . .
I understand that the assessment of the discipline stated above
will result in my record having a balance of 70 demerits. I also
acknowledge awareness that an accumulation of 60 demerits subjects
me to dismissal under provisions of applicable rules and/or oper
ating bulletins that govern my occupation."
In this same letter the Carrier notified the claimant that under
the Brown System of Demerits 60 demerits subjected an employee to
dismissal, and accordingly his seniority and employment were terminated effective December 29, 1987.
The Union filed a claim in behalf of the claimant which is now
before this Board for a decision.
The fact remains that the claimant signed for 30 demerits'zvhich
placed him in a position where he could be terminated. This
Board has no jurisdiction to set the termination aside.
AWARD: Claim denied.
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Award No. 430
Page 2
Preston oore, Chairman
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Union Member
Carrier Member