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 former Trackman J. J. Garofalo,
Middle Division, for reinstatement with seniority, vacation
and all
other
rights unimpaired and Compensation for time lost beginning July 25, 1975
continuing forward to date he is restored to service.
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 dismissed from the service of the Carrier
for his alleged violation of that portion of Rule 16 which reads as
follows:
"Employees must report for duty as required and those subject
to call for duty will be at their usual calling place, or
leave information as to where they may be located. They
must not absent themselves from duty, exchange duties or
substitute other persons in their places without proper
authority."
The claimant did not attend the investigation although he was given
notice to appear. (See Carrier's Exhibit J). The notice was signed for
by the claimant. The Organization contends that the claimant had to go
on an emergency to New York on July 7 and was unable to contact his
foreman.
The Claimant certainly knew that he was scheduled to work and could have
had some relative or some neighbor notify the foreman that he had had an
emergency and request an emergency leave of absence. The claimant failed
to comply with the rules of the Carrier, and the evidence is absolute.
His failure to attend the investigation indicates a lack of interest in
his job.
The Organization contends that permanent dismissal is too severe. The
Board has examined the evidence of record and finds that claimant has
about ten months of active service and has received a total of 70 demerits
for four previous absences without authority. There is simply no basis
to overrule the decision of the Carrier. The claimant received a notice
on July 23 to attend the investigation and did not appear or request a
postponement of the investigation, and under the circumstanced the Board
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AWARD N0. 56
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does not have the authority to overrule the decision of the Carrier.
AWARD: Claim denied.
ad/ Preston J. Moore
Preston J. Moore, Chairman
sd/ S. E. Fleming
Organization Member
sd/ B. J. East
Carrier Member