PUBLIC LAW BOARD N0. 1582

PARTIES)
TO )

DISPU M:.) BROTIIEP"zICOD OF MAINTENANCE OF WAY ECTLOYEES

THE ATCHISON, TOPEKA AL~D SANTA FE RAILWAY C0i-2_).1VNn_7

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Case 230. 95

STATE?iGLdT OF CLAIM: Claim in behalf o£ former Trackman Craig A.
Sizemore xor reinstatement with seniority, vacation and all other
zigL=rs unimpaired and compensation fox any net wage loss resulting
fzom'claimant's dismissal, as result of Formal investigation con
ducted I-lay 23, 1977.
fINDINGS:-v.This Public Law Board No. 1582 fines that the parties
-herein e Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction. T

In this dispute the claimant was charged with damaging and annrouri-ating Company property April 30, 1977. An investigation was old and the claimant was found guilty and discharged.

The Organization contends the Carrier violated Article 5, Section o. The Organization also contends the claimant was denied due process and
'was unjustly dismissed.. The Organization contends claimant was pre judged in -that tine Carrier dete."'atined in advance of the investigation that the claimant had, in fact, entered the bury cars and appropriated -property which "did not belong to him. The Organization also paints up that claimant has entered a plea of guilty to the charges levied against him by the State of Kansas in connection u 3.ta the sa=e inci-. dent and ta:at this is severe punishment by itself and that discharge would be too severe.

The Board has examined the transcript of record and all of the allegations of the Organization and finds there is no evidence of. prejudgment by the Carrier. Notice of Investigation was specific, and the questions which the· officer who was holding the invest:.patxon asked were not prejudicial to claimant's rights. The evidence is substantial and justifies the Carrier reaching a conclusion that, the claimant was guilty as charged.

A?<AP.D: Claim denied.

Dated November 27, 1979

'restore 7:..~ :pore, C,nairmar_

Organization Member

IC5 ~ zazt
Carr' r.?-fember