PUBLIC LAW BOARD NO. 2444
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Southern Pacific Transportation Canpany
(Texas and Louisiana Lines)
Statetrnnt 1. Carrier violated the effective Agreement when Laborer W.
Of A. Glaze was unjustly dismissed by letter dated April 14,
Claim 1980.
2. Claimant Glaze shall now be reinstated to his four
position with pay for all time lost, vacation, seniority
and all other rights uninpaired, and also the charge be
stricken from his record.
Findings The Board, after hearing upon the whole record and all
evidence, finds 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 July 19, 1979, that it has
jurisdiction of the parties and the subject matter, and that the parties
were given due notice of the hearing held.
Claimant, a laborer on extra gang 220, Galveston District, had been
employed by Carrier for sane eleven ironths. He was advised, under date
of April 14, 1980,
"You were absent from your job assignment without
proper authority on April 9, 1980 which is in violation
of Rule M810 of the General Rules and Regulations of fine
Southern Pacific Transportation Company as posted
by General Notice. Rule M810 reads in part
as follows:
RME
19810:
'Employees must report for duty at the prescribed
time and place
...They
must not absent themselves from
Page 2 ~/~/~/ - Award No. 37
their erployrn_.nt without proper authority...
'
For your violation of Bile M810 you are dismissed from the
service of the southern Pacific Transportation Company."
claimant requested and was granted a hearing. As a result
thereof
claimant was advised that the discipline assessed was upheld.
The Board finds that claimant eras accorded the due process
to
which
entitled.
There was sufficient evidence
to
support the conclusion reached by
Carrier as
to
Claimant's culpability. The discipline assessed in view
of claimant's record is found to be reasonable.
This Claim will be denied.
APMM: Claim denied.
M. A. Christie, Employee Member C. B. Goyne, Carrier er
Arthur T. Van Wart, Chain
and Neutral Member
Issued at
Falmouth,
Massachusetts, June 10, 1982.