PARTIES) ATCHISON, TOPEKA AND SANTA FE itSILWAY COMP:1c'·.Y

 DISPUTE) BROTFJERNGOD OF 14AILITEnANCE OF ?,:AY EP7PLOYFES

 STATEi-ENT OF CLAIM: Claim in behalf of former Middle Division ir~=an_T. J. Brown, for reinstatement to his former position with seniority, vacation and ail other rights unimpaired and compensation for wage loss beginning June 30, 1975.

 _tr;;D= r?(:c: This Public Law Board ;o 158.'_ finds th·- the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.

>:ot -r_ceive a fair and impartial investigation. The investigation
 ::--s held June Z6, 1975 and the evidence indicated that claimant
 had acciumulita;? Sixty demerits. Under the Brown Cvste-n of Dis-
 ci
 ipline, the ,:ccumulation of sixty demerits subjects ..-.ad employee to dismissal. .;S=e Rule 38).

 The:..°e is no evidence ox record -0 9.ndicate tile claimnlit c?=d not ivCC3.TJe a fair and impartial investigation ^_r that trip cc8e gas orejudged. EviJ:=ace lndicam3 that the clairiaa:: i:at1 ·7reviOusly b·=on diachar"C:-'1 C'1 two occnsions and re'.:ilst.7L2d (::'t a icncney basis. Tlae transcript reveals 1Lhat the coadnlastc_' :,C:a-d that the claimant fl=d received si°ty dcnerii-~ and outi-'_r_c?d tha fou_: dates and the causes of each assessment of disciolir:~ This testimony is Lind.spated and consequently there is no _asis to overrule -he decision of the Carrier.

 -"=t?D : c',lai;.7 .'.'ni,~d.

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