PUBLIC LAW BOARD NO. 2774
Award No. 36
Case No. 45
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT °1. .That the Carrier unjustly discipline Middle Division Bridge
OF CLAIM and Building Mechanic L.N. Beasley by _(1) assessing his
personnel record with twenty (20) demerits, October 13,
1980, (2) assessing his personnel record 30'(thirty) de
merits, February 9, 1981 and (3) discharging him from
service March 3, 1981.
2. That Claimant Beasley's personnel record be expunged of
the twenty (20) demerits and thirty (30) demerits assessed
October 13, 1980 and February 9, 1981 respectively and he
be reinstated to service with seniority, vacation, all
benefit rights unimpaired, paid for wage loss and/or other
wise made whole."
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 herein was employed by Carrier on September 3, 1974. As of October 12,
1980 his record indicated that he had a total of twenty demerits. Following an investigation held on November 14, 1980, Claimant was found guilty of being absent without authority on October 13 and 14, 1980 and assessed an addition twenty demerits.
Further, an investigation was held February 24, 1981 which Claimant did not attend. As
a result of that investigation, Claimant's record was assessed an addition thirty de-_
merits for absence without proper authority on February 9, 10 and 11, 1981 and
subsequently, by letter dated March 3, Claimant was dismissed from service in view
of the total of seventy demerits on his record.
- PLB-2774
2
Acrd. No. 36
. _ Case No.
45
A review of the entire matter indicates that there were numerous allegations made
with respect to propriety of various stages of. the disciplinary process, including
allegations with respect to improper notification for attendance at the February 1981
hearing. On balance, after a careful evaluation of the entire matter, the Board is
of the opinion that the discipline accorded, in this instance, was too severe under
all the circumstances. However, Claimant's persistent attendance problems require
drastic penalty. For the reasons indicated, this Board is of the opinion that Claimant
should be returned to service with all rights unimpaired with his record indicating
fifty demerits at the time of his return to service. This, in effect, is his last
chance to properly live up to his obligations to report for work on time and in a
regular fashion. The mitigation of a dismissal in this instance.must be treated as
a serious final warning by Claimant.
AWARD
1. Claim sustained in part; Claimant will be returned
to service with all rights unimpaired but without
compensation for time lost.
2. Claimants records will indicate a total of fifty
demerits at the time he is returned to service.
ORDER
Carrier will comply with the Award herein within thirty
days from the date hereof.
I.M. Lieberm n, Neutra Chairman
.M. G r n, Carrier lember 'T.E. F eming, Employee Membe
December 31, 1982 '
Chicago, IL