PUBLIC LAW BOARD NO. 1582 Case No. 472
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
1. Carrier's decision to remove former Los Angeles Division
Trackman J. Baca from service, effective June 26, 1987, was
unjust.
2. Accordingly, Carrier should be required to reinstate the
claimant Baca to service with his seniority rights unimpaired
and compensate him for all wages lost from June 26, 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 Carrier notified the claimant by letter dated
June 26, 1987 that his employment was terminated due to his being
absent without proper authority commencing June 22, 1987. The
claimant was also advised in this letter that he could request an
investigation.
By letter dated July 6, 1987 the claimant requested an investigation.
The investigation was held on August 14, 1987. The claimant did not
appear for the investigation although the Carrier notified him of
the investigation by certified mail dated July 27,, 1987. Pursuant
to the investigation the claimant was dismissed from the service of
the Carrier.
Roadmaster R. L. King testified that the claimant was assigned to
his gang on June 22, 1987. This witness testified that the claimant
did not report for duty on June 22 or any date thereafter. He also
stated that the claimant had not been authorized to be absent on any
of those dates. Roadmaster King also stated that the claimant's
foreman did not authorize the claimant to be absent, and further,
he had not heard from the claimant.
Under those circumstances the Board finds there is no justification
for setting the discipline aside.
AWARD: Claim denied.
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Award No. 443
Page 2
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Preston J./'Moore, Chairman
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Union Member
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