PUBLIC LAW BOARD NO. 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 Colorado Division
trackman
P.
Martinez for reinstatement to his former position erith
seniority, vacation and all other rights unimpaired and compensation
for any wage loss which might be due beginning May 16, 1974 continuing forward to date that he is reinstated.
FINDINGS: This Public Law Board No. 1582 finds that the parties
ere~in are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction
In this dispute claimant suffered an on duty injury January 14, :19'71.
On July 5, 1972 claimant notified the Carrier that he could not report
for duty because he continued to suffer back problems. He was granted
a leave of absence without pay covering the period July 3 to September
1, 1972. He continued to obtain leaves of absence until March 26,
1974. The claimant had not requested an extension of the leave of
absence expiring April 4, 1974 and the Company assumed he would be
returning to service.
Two copies of Form 2820, Special, were mailed to claimant atthis home
address to be completed by claimant and his personal physician. The
two copies were returned to the Carrier uncompleted, and the claimant
did not request an extension to his leave of absence which expired
April 4, 1974 and did not report for work. A formal investigation
was scheduled for May 6, 1974. The investigation was held and the
claimant was found in violation of .Rule 16.
Evidence of record indicates the claimant was well aware that he must
request an extension to his leave of absence, and not only did he not
do so but refused to sign a request for a leave of absence. The Board
has examined all of the evidence and arguments presented by the Organization but is unable to find justification to overrule the decision
of the Carrier.
AWARD: Claim denied.
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Preston . Moore, Chairman
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Organization Member
September 12, 1975 CarrMeember