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 Algie
McGowan for reinstatement to his former position with seniority,
vacation and all other rights unimpaired with pay for time lost
commencing on June 1, 1976 continuing forward until Mr. McGowan
is returned to service with the carrier.
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 charged with absenting himself from
work without authority and was given notice to attend a formal investigation on June 1, 1976. Pursuant to the investigation the claimant
was dismissed from the service of the Carrier.
The Organization contends the discipline assessed was arbitrary and
that claimant was denied due process and that the discipline was
capricious and discriminatory in that the discipline was not comparble to that assessed other employees. The Organization also contends
the evidence did not support the charge, and that claimant was not
guilty of being absent without authority.
The claimant was notified his case was going to be heard before this
Public Law Board and was advised he was privileged to appear in person, or by a representative of his choice if he so desired. Claimant
did not appear at this hearing, and the Union represented him in this
matter.
Evidence of record indicates claimant absented himself from work without authority commencing May 3, 1976 and was notified on May 24, 1976
to attend the formal investigation. The investigation was held as
scheduled, and the evidence establishes the". fact that the claimant
was absent without authority. Claimant has an extremely poor work
record, and under the circumstances the Board finds no justification
to overrule the decision of the Carrier.
AWARD: Claim denied.
sd/ S. E. Fleming sd/ Preston J. Moore
Organization Member Preston J. Moore, Chairman
sd/ B. J. East
Carrier Member