AWARD NO. 490
Case No. 523
PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Carrier's decision to remove New Mexico
Division Trackman W. M. Lucero from service effective August 23,
1989 was unjust.
Accordingly, Carrier shall now be required to reinstate the claimant with his seniority .rights unimpaired and compensate bim for
all wages lost from August 23, 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
23, 1989 that his employment and seniority were terminated account
his being absent without authority from August 15 to August 23,
1989. In the same letter the claimant was advised he had the right
to request a formal investigation if he so desired within 20 days
from the' date of that letter but the claimant did not do so.
The Union filed a claim requesting that the claimant be reinstated.
The Union pointed up the claimant had received a
sixty
day leave of
absence and had requested another 60 day leave of absence which the
Carrier had denied. The Union contends the Carrier should not have
denied the request for a second leave of absence.
Several awards have interpreted the Letter of Understanding dated
July 3, 1976 between the Union and the Company herein. Those awards
have held that the rule is clear, and claimant's failure to request
an investigation justifies the Carrier's termination of the claimant's seniority and employment. On that basis there is no justification to overrule the decision of the Carrier.
AWARD: Claim denied.
Preston . Moore, Chairman
Union Member
Carrier Member