PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim in behalf of Ernest Davis for reinstatement
to his former position as trackman
on
the Albuquerque Division with
seniority, vacation and all other rights unimpaired and compensation
for wage loss beginning January 20, 1975 continuing forward to date
he is restored to service.
FINDINGS: This Public Law Board No. 1582 finds that the parties
Fe_ein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute claimant was dismissed from the service of the Carrier
for his alleged violation of Rule 16. Rule 16 requires an employee to
report for duty when called and not to absent himself from duty without
proper authority. The evidence of the investigation is definitive and
establishes without doubt that the claimant was absent from duty without authority on December 16, 1974 in violation of Rule 16.
An examination of the transcript and testimony reveals that claimant
has a very poor record. In fact, claimant has been removed from service twice previously for the same offense and in recent years has been
absent on several occasions without authority. Evidence indicates that
claimant has made it a practice and a custom to be absent without authority and without getting any excuse for his being absent.
Claimant's guilt has been clearly established, and there is nothing
in the record which would justify overruling the decision of the Carrier on the basis that the discipline was harsh or unjust. Claimant
has a very poor service record, and therefore the Board has no alternative but to decline the claim.
AWARD: Claim denied.
Preston J. ~6cYre; Chairman
~f
Organization Member
1"3- - ~ - &,~
Carrie Member