PUBLIC LAW BOARD N0. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: That the Carrier violated the terms of the Agreement when they dismissed Trackman H. Y. Begay from service November 12,
1975, said dismissal being unjust and on charges not sustained by the
record. That the Carrier now reinstate H. Y. Begay with seniority,
vacation and all other rights unimpaired and that he be compensated for
loss of earnings beginning November 12, 1975 continuing forward until he
is reinstated 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 discharged from the service of the
Carrier for an alleged violation of Rule G. A formal investigation
was held and thereafter the claimant was dismissed from the service of
the Carrier on November 12, 1975.
The Organization contends that the dismissal was unjust and that the
charges were not sustained by the record. The Carrier contends that
the evidence establishes that the claimant was guilty of violating.
Rule G and that under the circumstances and with claimant's poor record
of service that discharge is justified.
The claimant was notified that his case was going to be heard before
this Public Law Board and was
advised that
he was privileged to appear
in person or by a representative of his choice if he so desired. The
claimant did not appear, and the Union represented him in his case.
The Board has examined the evidence of record. The Track Supervisor
testified that the claimant returned from Grants, where he had gone to
get a saw and drill, and that the claimant returned in bad shape; his
breath smelled like wine, he was unsteady on his feet and did not want
to work. The Supervisor further stated he
did not
believe it was safe
for the claimant to work. The Supervisor also testified it took the
claimant approximately two hours to travel three miles to the tool house
and return with the equipment.
Therefore, the evidence is convincing that the Carrier was justified
in finding that the claimant violated Rule G.
' PL,
13 /58z
AWARD DSO. 66
Page 2
The only other issue to be determined is whether the discipline assessed
is unjust. The Board has examined the claimant's record with the Carrier,
and it is a very poor record, including a previous dismissal. Under the
circumstances the Board is not justified in overruling the decision of the
Carrier.
AWARD: Claim denied.
sd/ Preston J. Moore
Preston J. Moore, Chairman
sd/ S. E. Fleming
Organization Member
sd/ B. J. East
Carrier Member