PUBLIC LAW BOARD N0. 2556
Award No. 29
Case No. 35
File No. MW-399
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Southern Railway Company
Statement
of Claim: Claim on behalf of former DeButts Yard Track Laborer
J. W. Jones asking that he be reinstated with
seniority and other rights unimpaired and that he be
paid for all lost time as a result of his dismissal on
August 17, 1981 for failure to protect his assignment
and for unsatisfactory attendance and work records.
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 October 17, 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, prior to August 13, 1981, was employed as a Track Laborer
in a Track Gang at Carrier's Chattanooga, Tennessee DeBUtts yard.
He was notified to attend a formal investigation to be held on
August 18, 1981 on the charge that his attendance record and work record
pertaining to safety would be reviewed and that he had failed to properly
protect his assignment on August 13, 1981.
As a result of the formal investigation, Carrier concluded Claimant
to be guilty as charged. He was dismissed from service as discipline
therefor.
The Board finds that Claimant was accorded the due process to which
entitled.
There was sufficient evidence adduced to support Carrier's conclusion
as to Claimant's guilt. In view of Claimant's propensity for not protecting
his assignment, the discipline, dismissal, assessed is deemed to be
reasonable. This claim will be denied.
-2- Award No. 29
Award: Claim denied.
-211
B y . Hall, Employee Member . D. N. Ray, , Carrier Memb
;K
rt r . Van Wart, Chairman
and Neutral Member
Issued September 10, 1983.