AWARD N0. 511
Case No. 544
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:
1. Carrier's decision to remove former Central Region Trackman
D. W. Leon from service, effective February 10, 1993, was unjust.
2. Accordingly, Carrier should be required to reinstate Claimant
Leon to service with his seniority rights unimpaired and compensate
him for all wages lost from February 10, 1993.
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 charged with being absent without
authority on December 14, 15, 17, 18, 21, 22 and 23 of 1992. The
claimant was notified by letter to attend a formal investigation
in Newton, Kansas at 10:00 a.m. concerning his being absent from
duty without proper authority on the above dates.
The claimant did not appear for the investigation which was held
on January 20, 1993. Mr. E. J. Blado appeared at the investigation
from the Brotherhood of Maintenance of Way Employees, and he was
prepared to represent the claimant at that time.
Mr. Blado stated that the weather was bad on the date in question,
and the claimant may have been unable to drive to Newton. On the
other hand, Assistant Superintendent/Maintenance B. L. Draper
testified that he drove from Wellington that morning and averaged
50 miles per hour.
Pursuant to the investigation the claimant was found guilty of
being absent from duty without proper authority and consequently
was in violation of Rule 1004, Safety and General Rules for all
Employees.
The evidence establishes that the notice of the investigation was
sent to the claimant by certified mail. The claimant failed to
contact either the Carrier or his representative from the Brotherhood of Maintenance of Way Employees.
Under the circumstances herein there is no justification to set
the decision of the Carrier aside. ..
AWARD: Claim denied.
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Page 511
Preston Moore, Chairman
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Union Me er
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Carrier Member