PUBLIC LAW BOARD NO. 2774
Award No. 129
Case No. 129
PARTIES Brotherhood of Maintenance of Way Employees
and
DISPUTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "l. That the Carrier violated the provisions of the current
Ur-C-71-M agreement when it dismissed Bridge and Building Mechanic,
Mr. D. V. Sammons, without first according claimant the
benefit of a fair and impartial hearing, said action being
excessive and in abuse of discretion.
2. That the Carrier now be required to return Claimant Sammons
to his former position with seniority and all other rights
restored unimpaired and with compensation for all wage loss
suffered."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein
are Carrier and Employees within the meaning of the Railway Labor Act, as
amended, and that this Board is duly constituted under Public Law 89-456 and
has jurisdiction of the parties and the subject matter.
Claimant had been employed by Carrier in 1972. Following service performed on
September 19, 1983, his supervisor received no information from claimant and
he was absent from work. He was notified, on October 3, 1983, that his seniority
had been terminated due to his being absent without proper authority and not
being on an authorized leave of absence. This discipline was imposed as a result
of the letter of understanding dated July 13, 1976. Since there was no subsequent request for an investigation, claimant was notified on October 25, 1983,
that his name had been removed from all seniority rosters.
There is no question but that claimant was absent without authority for the
period in question. The record indicates that claimant was undergoing a very
stressful period in his personal life involving a divorce. The record further
rzs
No. 2774
Award & Case No. 129
indicates that claimant had a good record with Carrier and, indeed, had been promoted to the position of Assistant Foreman. It is the Board's view that under
the particular circumstances of this case only the discipline involved has served
its purpose. Therefore, claimant shall be offered reinstatement to his former
position with all rights unimpaired but without compensation for time lost. His
period out of work shall be considered to have been a disciplinary suspension.
AWARD
ORDER
b
. .. Garmon, farrier Member
Chicago, Illinois
April
30,
1985
Claim sustained in part; claimant shall be reinstated to
his former position with all rights unimpaired but without compensation for time lost. His time out of work
shall be considered a disciplinary suspension.
Carrier will comply with the award herein within thirty
(30) days from the date hereof.
Lieberman, eutra - airman
~? 2 2.~
C. . oose, mp oyee Member