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_A?v'AP.D NO. ° 1

Case No. 148

PUBLIC LAW BOARD N0. 1532

PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILLAY COMPANY TO ) DISP=) BROTHEP,HOOD OF MAINTEMANCE OF 14AY Ei2PLOYEES

' STATEMENT OF CLAIM: Claim in behalf of former Trackman J. D. Menges Colorado ivlslon, for reinstatement to his former position with seniority, vacation and all other rights unimpaired and compensation for wage loss beginning December 31, 1977.

FINDINGS:. This Public Law Board No. 1532 finds that the parties

ar,~ ein 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 possible violation of Rules 2, 16 and 17, General Rules for the Guidance of Guidance of

. F-qployees while on Extra Gang 63 about 9:30 a.m. on December 9, 1977 -near Canon City, Colorado. Pursuant to the investigation the claimant was found guilty and was discharged from the service of the Carrier.

"T-e Organization contends that the charge was not specific, there was a violation of clue process and that the investigation was not

air and impartial. The Organization also contends there was animosity by the foreman toward the claimant herein. The Organization also contends that the remarks made by the claimant were commonly used by all members of the gang on dates prior to the alleged incident.

After studying the transcript of record and all the evidence involved, it appears that the claimant was guilty of insubordination. and was involved in a verbal altercation with his foreman.

It is aDDarerit that the claimant and his representative were well aware of~the charges and exactly what was involved. However, an ex-

.ceDtion taken by .Tin. Fleming during the investigation was well taken.

. . he charges should have been explicit in charging the claimant with cursing and.verbally abusing his foreman. The fact remains that the

c L -,a evidence-

laimant knew why he 7as being investigated, and all of tl

establishes that the claimant was guilty. -

However, under all the circumstances involved herein, it is the opinion of the Board that permanent dismissal is too severe. Therefore hha Ca,.rier is directed to reinstate the claimant with seniority and all other rights unimpaired but without pay for time lost. s, ^?'yRD: Claim sustained as per above.

_. PLI3 15-8a A-`°ar d no . 91

Page 2

CRJER: The Carrier is directed to comDly with this award within tirty days from the date of this award.

f / _

Preston J.;"`Ioore, rllairman

fi

r~ganization kiem~ber

-. GaTr7.2' i·emVer

Dated November 27, 1978