PARTIES Brotherhood of Maintenance of Way Emoloves -
TO and
DISPUTE: Atchison Topeka & Santa Fe Railway Companv
STATEMENT "1 . That the Carrier's decision to remove Welder
OF CLAIM: W. A. Suddeth from service was harsh and
_._ - ~ _._._ . urn I ujst.



FINDINGS, _ - --

Upon the whole record, after hearina. the Board finds that the parties herein are Carrier and Employees within the meanina of the Railway Labor Act. as amended. and that this Board is dul-v constituted under Public Law 59-456 and has jurisdiction of the partiee. and the subject matter.


The record indicates -that Claimant herein was charged witm ;iolatino certain Carrier rules for claimina time for- November 1'. 1956 when no service was -performed by him and also for T,.ilir,g to protect hiF; assignment on that date. i-olio-Wino e hearing at which the entire matter- was reviewed and he admitt~c

2'77 Y -- /7fo

to not havino worked on the date in question but indicated that his putting down time for wort, that day was a mistat:e. Claimant was found quiltv and dismissed from service. This circumstance

triggered Petitioner's appeal of

the dismissal.

This case is a companion case to that handled by this Board in Award No. 175 involving the same Claimant, with indeed an investigation on the same day as that herein. In view of the Board's findings in Case No. 175 (Award No. 1751, the

determination in this case
already dismissed for excessive

becomes moat. accumulation

that reason. the Claim must be dismissed. That involve any stigma whatever with respect to violations on November 13. 1986.

Claim dismissed.

I. hS. Lieberman, Neutral-Chairman

C. F. False. Employee Member

Chicago. Illinois
October 11, 1988

since Claimant has of demerits. For dismissal does not Claimant's alleged

G. ht. Garmon. Carrier Member