PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim in behalf of former trackman R. E. Gonza es or remova of 20 demerits assessed Mr. Gonzales' personal
record as a result of a formal investigation held in LaJunta, Colorado on February 6, 1978 to determine his responsibility in connection with his possible violation of Rules 2 and 15, General Rules
for the Guidance of Employees 1975, Form 2626 Standard, concerning
his failure to protect his assignment on January 24, 1978.
That the Carrier violated the Agreement between the parties particularly, but not limited to, Article V thereof when Carrier dismissed
Mr. R. E. Gonzales from service as a result of an investigation held
February 22, 1978, said dismissal being arbitrary, excessive and in
abuse of discretion. (2) that the Carrier now reinstate Mr. Gonzales
to service with seniority, vacation and all other ri hts unimpaired
and with pay for time loss commencing February 22, 1578 and continuing forward until the date of reinstatement.
FINDINGS: This Public Law Board No. 1582 finds that the parties
erg
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 assessed twenty demerits as the result of an investigation held February 6, 1978. Thereafter on February 22, 1978 a second investig ation was held, and the claimant was
dismissed from the service of the Carrier for having accrued in excess
of sixty demerits.
The claimant had been reinstated to service on a leniency basis on
January 17,.1978 with forty demerits on his record. The claimant was
instructed to report for duty on Monday, January 23, 1978. Claimant
contends he attempted to report for duty to Extra Gana No. 63 head-
auartered at Colorado Springs but was unable to do so because he had
ifficulties with his automobile. The claimant also contends that
he was unable to report for duty on January 24, 1978 because of a
snowstorm.
Evidence indicates that other emplopees also were unable to report
for duty on January 24 because of the snowstorm and hazardous road
conditions.
The Board has carefully examined all of the evidence and the circumstances herein. Under the circumstances and conditions existing, it
PL3
~58a
Award No. 93
Page 2
is the opinion of the Board that the action of the Carrier herein
was harsh. It is recognized that the claimant had a poor record,
but nevertheless there were certainly extenuating circumstances
existing on
January 24.
The Board finds that the claimant should be reinstated with seniority and all other rights unimpaired but without pay-far time
lost. The Board also finds that the claimant should be given
credit for four months with a clear record and ten demerits removed
from his record, which would leave his record standing with thirty
demerits
when reinstated
.
AWARD: Claim sustained as per above.
ORDER:
The Carrier
is directed to comp ly with this award within
t rty days from the date of this award.
f&'14~6 - A
04?~'
~sto~n J.- )1oyYe_-, Chairman
arr Member