PUBLIC LAIY HGbll7D NO. 2444
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Southern Pacific Transportation Company
(Texas and Louisiana Lines)
statement 1. Carrier violated the effective Agreement when Bridge of
Tender Leonard L. Blackwell, Jr. was unjustly assessed 30
Claim demerits on June 17, 1980.
2. The 30 demerits shall now be removed from Claimant
Blackwell's personal record.
rindings 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 Hoard is
duly constituted by Agrcrm:nt 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 Bridge Tender, was advised, by letter dated April 18,
1980:
"Your personal record is being assessed thirty
demerits for being absent from your employment as
bridge tender without proper authority on June 17,
1980 which is in violation of Rule M810 of the General
Rules
and Regulations of General Notice effective
April 1, 1978, of Southern Pacific Transportation many,
which reads in part as follows:
'Rule M810. 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 firm their employment, without proper authority..."
Pe.ge 2 ~yyy- Fwarril No. 44
Claimant, responded thereto, under date of June 24, 1gEL::
"Please accept this letter from me as an apology. 1have been issued thirty demerits for violation of
Rule M810 on June 17th. My wife was pregnant at the
time and had difficulties and I was so concerned with
her that, and I just failed to realize what time was
and called in after the time that I was supposed to be
at work.
I accept the demerits and wanted to let you
know that it wasn't done intentionally. Please accept
m,
apology-"
(Underscoring supplied)
The underscored letter above indicates that Claimant had accepted
the discipline assessed. Hence, having admitted his guilt the only
issue before the Board is whether the discipline assessed was
unreasonable in light of the offense for which charged.
The Board does not find that the record would permit it to alter
the discipline assessed. Therefore, absent a showing that there had
been an abuse of discretion on the part of Carriear, we can not in the
circumstances here, find that the discipline assessed was unreasonable.
This Claim will be denied.
ADIARD: Claim denied.
.,GC`
cCi(. · ~Zw2~ l
M. A. Christie, Employee Member C. B. Goyne, C
am
Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Faltmuth, Massachusetts, June 10, 1982.