PUBLIC LAW BOARD N0. 2444
Award No. 77
Case No. 91
Docket No. MW-81-183
329-10-A
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Southern Pacific Transportation Company
(Texas and Louisiana Lines)
Statement
of Claim: We are appealing to you a claim on behalf of Track
Laborer D. R. Jackson assigned to extra gang 106
for reinstatement to his former position with
'his personal record cleared of the alleged charges
and with all seniority, vacation rights and any
other rights accruing to him unimpaired in addition
to all pay lost commencing August 31, 1981, and to
run concurrently until such time that he is
restored to service.
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 Track Laborer for approximately three years, was
assigned to Extra Gang No. 106. He was advised, under date of
August 31, 1981, by the Regional Maintenance of Way Manager as
follows:
"You are dismissed from the service of
Southern Pacific Transportation for being
absent from your employment as a Track Laborer,
Lafayette Division, without proper authority
August 27 and 28, 1981, which is in violation
of Rule M and 801 of the General Rules and
Regulations of General Notice effective
April 1, 1978, Southern Pacific Transportation
Company..."
PLB - 2444
-2- Award No. 77
As a result of the hearing requested and granted Claimant was
advised that the discipline as assessed was sustained.
The Board finds that the Claimant was accorded the due process to
which entitled under his rule.
There was sufficient evidence adduced to support the conclusion
reached by Carrier as to Claimant's guilt. The discipline assessed on
this record, is found to be reasonable.
This claim will be denied.
Award: Claim denied.
Zv .,
riot
e,
mp'royee Member
-.
. oyne, i rrier ember
lr~.Cr/L-~ ~~ll
--A'rthur T . Van wart, Chairman
and Neutral Member
Issued March 14, 1983.