AWARD NO. -45
t;ase No. ~.8
PUBLIC UMd BOARD E:O. 1582
PARTIES) ATCHISON,
TOPEKA AND OIA14TA FE
RAILWAY CONPANY
TO )
DT'8?LITE) BROidEt3EEOOD OF MA111TENANCE OF WAY EMPLOYEES
STATEMENT
OP CLAIM: Claim in behalf of former Tracler,2an E. Pachaco,
Colorado
:)~visinn,
for reinstatement with seniority, vacation and
all other rights unimpaired and compensate him for Uage loss beginnino June 18, 1975
continuing forward
to date that tee is restored
to Service.
FSf.D.
iPICS: This Public Law Board PIo. 1582 finds that the parties
...::_.'C,~;1
arL' CaYri'.'.=.' L:ed Employee within Lf.G i1e.?ilin!i
O_ tllv?~
Vm3.tS:ay
L.uor Act, as amended, and that this Board has jur'_sckiGt;.on.
In th?s dispute claimant had signed a resignation cateu tune 18,
_975. The f)rganiaa:._en contench that the claimant c,aa coerced and
.
_n;:'m;date3 into rWen3no the resignation. The claimant .^,t,:aC:.3 he
cla3 told to either sign the resignation or he vould be fired anyway.
i,,;_LV:1Ce
OZ :'W:CY·1
_P.diCate3 that
071 ilr2`f
:u,~1
't9~774
ta?.'3
C1Gi:1071t
fa_.lGG!
t0
-Opnrt
='O. ~,'nY`.:
ind
'MS
a3DGCuG'd ten
dC'.T,G-'2'1I._.n7 J3't^y f.JSC?it
:rcm _ duty without authority In violation of Rule
's_u.
Gn January 3.3,
L9JJ
the Cla_.Pant
::G.;
absent
irC:7
dutJ
CI11:i1G~3i:
;?titC7G"_^:.tJ and
udV1..^.2:I
has -ore.~.az c_-)cn -epo-t!r.- the fol?naiag
date
-hi- 1·.a 1-in' caca
sic':
cut did not hove a do-
ctor s release.
..^_·z .:nril 13, 1975 the claimant secured a ?cave of cUse-ace account o'=
~~TGJ8
COVGr=.^°, t1? period -from, April 1:, 1975 thT;t_?i
nay 18, 19! .
=1 __J~
~~7, -`W5 `~::^ -':.a-t~.u:1t C~a'~'3 a?3Gr1
i.0 YL'GJ-_~ ::G'Y'M:
T'ila.y
ar4ernonn he advised his
foreman
he had had car t;·cub l a.
on
~I·`..ay 28,
o r v~ th3 r lm, n
j7.5 ~:he cla_=L
JI
lsed tha zmzt inciden, lm, his
'`allure to report a_ or duty without prior permission .·-;cul·1 result
:..'1
c:? ccipii:le.
On June 6, 1975 the claimant requested permission to be off for ger-cc.^.al business and the permission was granted. The claimant vas
dap'!aced en
Jun:
?_9, 1.975 and was inst=acted to repG:t for duty on
=-;:Y:n
~an~
-~ ~;u
at L=a-,- , Colorado. He did not report t0 the
n2Zl,.n~
on
June ?0 a3 ·inatructed and on .lane li a note eras received f,-cm the
::?.=i, ant
-1 tl1C T
-.:.^.Y31.i1 Clio
claimant itatCd lie
Cla3
unable t0
w07.''.-=
tha -,-aek of June
'z.7 1WJGCLiL,^~G
he had personal matters
1:0
C,.ttend to.
."U:12 13, 1.9?5 IL!2,~
claimant was '1:13tr:?Cted t0
=GOU'C
to tine
Office at
T.3
JunCa
for
a
CCTS=''·:YC: Czfl1
-,hat
u
G:1 i._ p R Y.i
b
c'vta the c123_-..::nc ,:aa advised that his continued
absences
frc:l duty
~tr3
~s8a
Award No. 45
Page 2
without authority would not be toleraced and lie was instructed to
report to the foreman at Lamar immediately.
The claimant did not report as instructed and remained in his automobile with his girl friend until the assistant roadmaster
approached
him and instructed him to get out and begin working with the gang.
At the close of cork June 16, 1975 the claimant disappeared and
did
not report for ducy on June 17, 1975.
On June 18, 1975 the claimant was contacted by a roadmaster, and
the claimant advised the roadmaster that he did not wish to continue working on the extra gang in Colorado. In the presence of
the claimant the roadmaster called the Division Engineer who suggested that 'if the claimant intended to resign chat the roadmastez
should obtain the resignation form and have the claimant sign it.
The claimant signed the form, and it was witnessed by the roadmast2r and an acting agent at Las Vegas.
Thare is no evidence of record to support the 0--ganizat3on°s charge
t!;a:- the carricr eyed
undue
influence or
pressure
upon thr_ clai maa:=
to sign the resignation. The claimant's service record is very
poor and indicates that he had no great desire to continue working
for the Carrier. On the foregoing basis the 3narri finds no support
for the claim.
AWARD: ^laim .3:ar.ied.
Yres ton J . :r . e ;'7:hairnan
1.6