PUBLIC LAW BOARD NO. 2774
Award No. 153
Case No. 153
VA,RTIES Brotherhood of Maintenance of Way Employer
TO
ISr·i ITC:;- _
_ ._____ ~ and _-
Atchison, Topeka & Santa I`o Railway Company
TATEMEPJT "1. That the Carrier's decision to dismiss -
CAF.
CL,t.~7_f·TJ·
Trackman R.W. CampboII without: firmf
according a fair arid impartini investigation
was in violation of the a agreement, unduly
harsh. and in abuse
of
discretion.
2. The Carrier will now be required to
reinstate Claimant Campbell to hi=s former -'
po<-anon with seniority and all other
rights restored, unimpaired, and compensate
him for all wage loss suffered.
FINDINSs:
Upon fhre whole record, after hearing, the Board finds that. the
parties herein are Carrier.-__gand Employees within the meaning of
the Railway Labor Act, as amended, and that this Board
i=
duly -
constituted under Public Law 89-456 and has jurisdiction of theparties and the subject matter.
Claimant was employed by Carrier as a Trackman on August: 20,iQ84. On January 2·`L, 1.987 arid thereafter he was absent and hard
no authority for that absence. As a result of this action taco was;
notified by certified letter by Carrier (letter dated February
1985) of tare termination of his seniority and employment pursuantlo the Letter of Understanding dated -July 1;:·,. 1976. The- Claimant-
;p I7 y -1S3
Aopealou for am investigation which waEl hr_ld on February
y 1-1
1
198;1. I--ollowinn the investigation, Carrier uphold its prior.
d"turznaatirn Lo terminate him.
The Petitioner inuistathat they Qlajniaqt,y,st,ort--term empt,·oyrv,
not too Tamilaar with Carrier', rules and was ill, causing
his abwon_cQ·. Furthermare, _Cla.mant insists that he attempted to -
call the Roadmaster but without success during his absence.
Wino Claimant was incapacitated, and unable to work, Ltre
Oraan.izacion believer:. that he should and that: tae
should not have been terminated.
~arr.ier notes that Claimant during his short tenure had been
Aseiplined twice for beig absent without authority, in addition
to which in this instance, at the hearing )-r .'freely admit: t.-·i his
"rbsenror and .indicated that. he hard been a.ll. B"t the ovxdunev opt
north ravo.ted that. he did not week; a doctor's attention Until
,.,ftee·
the
lettor of termination was received. The Crrier
believes that it acted appropriately in deciding to terminate .
M"Im"r,v in tha.a ca=_e. -
rr<- the Hoard views it, harrier accorded Claimant an anvc:!5tIcj"tion-
:·.t hips ronurrst and properly found him quiltyof the v_olatione-
' .~ ~1-153._
~llonod.
lit:
was clearIY absent wjAhuutauthorily Fur a For.iod
henxnnxnn nanUary 24 ixp to thrtimp that he 4Jas notified that tie
Was terminated
VI
ithoul any contact whatever being made to
Carrier. His rationale -for the absence and his short tenure do _
no l: rnii:i(iato that eirc(AmWtanee. Carrier,' s decision was
«ppropriatc. The claim must- be denied.
r'it~i"~I:
Claim denied.
I.M. Lieberman, Neutral Member
C. I-'. ~e~nplember
Garmon,
Carrier Membe=r~-
Chicaqo, Illinois
1.988 =