AWARD NO. 481
Case No. 515
PUBLIC LAW BOARD NO. 1582
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Carrier's decision to remove Illinois Division
Trackman R. J. Crump from service effective July 27, 1989 was unwarranted and unjust.
Accordingly, Carrier should now be required to reinstate the claimant to service with his seniority rights unimpaired and compensate
him for all wages lost beginning
July
27, 1989.
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 by letter dated August 8,
1989 that he was being terminated for his being absent without proper authority on
July
27, 28, 31, August 1, 2, 3, 4, and 7, 1989
and not being on an authorized leave of absence, per Letter of
Understanding dated
July
13, 1976.
The claimant requested an investigation by letter dated August 15,
1989: The claimant was then notified to attend an investigation on
September 8, 1989 in Kansas City, Kansas. The investigation was.
postponed until September 14, 1989.
R. J. Cruces, Section Foreman at Ottawa, testified he was Section
Foreman at Ottawa, Kansas from
July
29, 1989 until August 7, 1989
and the claimant was assigned to his Section during that time period.
He testified his time book indicated the claimant was absent July
27, 28 and 31 and did not call in. He also stated the book further
indicated the claimant was absent without permission on August 1, 2,
3, 4, 7, 8, 9, 10, 11, 14 and 15. Foreman Cruces testified he had
a telephone at the meeting place where claimant could have reached
him.
Terry D. Smutzer, Roadmaster, Ottawa Subdivision, testified the
claimant was assigned to his section at Ottawa from
July
27 through
August 7, 1989. He stated the claimant did not have authority to
be absent from work on those dates.
Roadmaster Smutzer further testified that he had instructed his
gangs to contact their foreman and/or track supervisor if they
were going to be absent from work. He further stated he personally
had talked to the claimant about the procedure to be used in the
event he was going to be absent. He also stated he had given the
claimant his phone number previously to use if he was going to be
absent.
j~,~ Award No. 481
Page 2
The claimant testified he had the phone number for Mr. Cruces.
The claimant testified the only reason for his absence was that
he had family problems, and a car wreck he was in in May where he
had hurt his back and was seeing a chiropractor at the time. He
stated his foot hurt some of the days, and he wasn't able to walk
to a telephone. He stated the telephone was approximately two
blocks away.
After reviewing all of the evidence the Board finds there is no
justification for setting the decision of the Carrier aside.
AWARD: Claim denied.
Presto n&. Moore, Chairman
Union Member
Carrier Member