AWARD N0. 78 Case No. 90

PUBLIC LAW BOARD N0. 1582

PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO

DISPUTE)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

STATEMENT OF CLAIM: Claim in behalf of former Trackman Vincent M. Sanchez for reinstatement "to his former position with seniority, vacation and all other rights unimpaired and with pay for all time lost commencing on June 18, 1976 and continuing forward."

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 assessed twenty demerits for being absent from work without authority. This left the claimant's record standing with seventy-five demerits, and he was dismissed from the service of the Carrier.

The Organization contends that some of the demerits which had been assessed were not properly assessed. The Organization further contends that the discipline assessed under the circumstances was too severe. The Organization also contends that the claimant's total demerits were sixty-five instead of seventy-five.

The claimant was notified this Public Law Board and present in person or by a

that his case was going was advised that he was

representative of his

sired. The claimant did appear at this hearing,
presented him in this matter.

It is really immaterial whether the claimant hay or seventy-five demerits. Either would subject the Company, and a collateral attack may not be upon previous demerits which had been assessed. objected to the assessment of previous demerits

and opportunity to appeal them. This he failed to do.

The claimant had only two years of service with the Carrier and had a poor record. Under the circumstances the Board finds there is no evidence or justification which would justify overruling the decision of the Carrier.

to be heard before privileged to be

choice if he so deand the Union re-

l amassed sixty-five
him to dismissal by
made at this time
If the claimant
he had every right

AWARD: Claim denied.

ad/ S. E. Fleming
Organization Member

sd/ Preston J. Moore
Preston J. Moore, Chairman

sd/ B. J. East
Carrier Member