' ' r PUBLIC LAw BOARD M0. 1925
.' Award No. 35

case No. 36
UoCKet No. 36
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Southern Pacific Transportation Company
-Texas and Louisiana Lines
statement 1. Carrier violated the effective Agreement by unfairly and unjustly
of dismissing Assistant Foreman Jesse Perez from its service on April 15,
Claim: 1977.

2. claimant Perez shall tie reinstated to his former position with pay for all time lost and with all seniority, vacation and other rights unimpaired.

Findings: The Board finds, after nearing upon the whole record and all evidence,
that the parties herein are Carrier and Employee within the meaning of
the Railway Labor Act, as amended, that this Board is duly constituted by
Agreement dated March 23, 1977, that it has jurisdiction of the parties
and the subject matter, and that the parties were given due notice of the
hearing held.
Claimant, an Extra Gang Foreman, was dismissed from service April 15, 1977
for his failure to act as relief foreman on the Galveston Roadmaster's
district on April ll, 1977, when so scheduled, which resulted in a violation
of Rule M-810 of the Rules and Kegulations for the Maintenance of way and
structures.
Said Kule, in pertinent part provides,
"Employees must report for duty at the prescribed time and place, remain
at their post of duty, and devote themselves exclusively to their duties
during their tour of duty. They must not absent themselves from their
employment without proper authority
continued failure by employees to protect their employment shall be sufficient

cause for dismissal "

The investigation Held on may 10, 197/, at Claimant's request, failed to

cause any change in the discipline.

P~ a ~ ~a 5

_ Page 2 Award No. 35

the board finds, that claimant received a fair and impartial nearing. There was sufficient evidence adduced to support Carrier's conclusions as to Claimant's failure.

The Board finds however, that there are circumstances present which serve to mitigate the discipline assessed. The manner in which the change in vacation schedules occurea, whereby claimant was to line up for the vacation vacancy of txtra Gang Foreman P. R. Flores, contributed to his failure to protect said vacancy. Consequently, claimant is returned to service with all service rights unimpaired, but without pay for time held out of service subject to passing the usual return to service physical examination.

Award: t;laim disposed of as per findings.
Order: Carrier is directed to make this Award effective within thirty (3U) days
of date of issuance shown below.
r
A. J. t; nningham, E de ember R. W. ickman, Carrier Member
-Arthur T. Van Wart, chairman
and Neutral member

issued at Houston, Texas, May 8, 1978.