j 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 C. Mariano for reinstatement
to is ormer position with seniority, vacation and_all other rights
unimpaired and compensation for wage loss beginning August 31, 1973
continuing forward until restored to service.
FINDINGS: This Public Law Board No. 1582 finds that the parties
Fe-rein 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 absent without proper authority and
was issued thirty demerits as a result thereof. Again, commencing
Monday, August 6, 1973, the claimant was absent from work without
authority and was not seen or heard from until Monday, August 20,.
1973 when he arrived at work apparently under the influence of
intoxicants.
The Organization contends first of all that the claimant was-not
subject to duty and therefore the charge of a violation of Rule "G"
should be eliminated. The Organization further contends that dismissal for being absent without proper authority under these circumstances does not justify dismissal.
In reaching a decision as to the degree of discipline to be assessed,
the Board must take into consideration the prior record of claimant.
It is noted that approximately one month previously the claimant had
been assessed thirty demerits for being absent without proper authority. Evidence of record indicates that the claimant is an excessive
drinker of alcoholic beverages.
Under these circumstances the Board is unable to find that the discipline assessed is harsh, arbitrary or unjust. It is the opinion.
of the Board that the claimant was subject to duty. If he had not
been in an intoxicated condition, he could have been allowed to return to work.
The Carrier might very well have issued another thirty demerits for
being absent without proper authority and held an
investigation.
When the claimant reported to his work point, he at least assumed
that he was subject to duty and was reporting for work or was asking
to be discharged.
pLr6 1~s>-
Award No. 8
Page 2
Under the foregoing circumstances the Board finds no support for
the claim.
AWARD: Claim denied.
Presi/toni/ . "Pioore, Chairman
Organ nation Meter
13
Al
Carr` r Mem er
September 12, 1975