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