AWARD NO. 432
Case No. 466
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 System Steel Gang Trackman
Calvin Denny from service, effective October 30, 1987, was unjust.
2. Accordingly Carrier should be required to reinstate Claimant
Denny to service with his seniority rights unimpaired and compen
sate him for all wages from October 30, 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 to attend a formal investigation at Fresno, California on November 19, 1987. He was charged
with possible violation of Rules 1, 2 and 6 of Form 2626, Standard,
General Rules for the Guidance of_ Employees, at Oakley, California
on Oceober 30, 1987. The investigation was postponed until December
8, 1987 and was held at Gallup, New Mexico.
The claimant herein was a machine operator and was one of three
principals charged with the same offense. The claimant did not
appear at the investigation although C. E. Gilliam, Representative
of the BMWE, appeared to represent the claimant.
The evidence presented is sufficient for the Carrier to find that .
the claimant was guilty. Under the circumstances there is no justification to set the discipline aside.
AWARD: Claim denied.
06
Carrier Member