PUBLIC LAW BOARD NO. 2774
Award No. 1?6
Case No. 176
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.
,._. That the Claimant shall be returned to
service with vacation, seniorit·r and all
other rights unimpaired and that he will
be made whole for all time lost."
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
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-- /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