PUBLIC LAW 130ARD NO. 2774
Award No. 48
Case
NO.
58
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE Atchison, Topeka and Santa Fe Railway--Company
STATEMENT "1. That the Carrier violated the provisions
OF CLAIM of the Party's Agreement when they uni
laterially dismLe;sed Mr. S. L. Martin from
service April.16,1981, without according
him 'due process'.
2. That the Carrier now reinstate Claimant
Martin with seniority, vacation, all
benefit rights unimpaired, and pay for
all wage loss beginning April 6, 1981,
continuing forward and/or otherwise 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 entered carrier's service on April 7, 1980. On February 27, 1981,
Claimant was written a letter indicating that his personal records stood
with a charge botalling 45 demerits and that 60 demerits would subject him
to dismissal. Subsequently on April 15, 1981, Claimant signed two waivers
for a total of 30 demerits which gave him a total of 75 demerits. Subsequently, in view of the number of demerits accumulated on April 29, 1981,
Claimant was terminated.-
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An analysis of the entire record of this matter indicates that there was
no deprivation of due process with respect to the Claimant since he
received proper notification of the status of his demerit account prior
to his signing waivers for additional demerits. Thus, as of his date of
termination, he was well in excess of the number of demerits which subjected him to dismissal in accordance with the Brown System of Discipline
it is the Board's conclusion that in view of Claimant's short service
(12 months of service) his removal from service was entirely justified
in view of the 75 outstanding demerits.
AWARD
Claim denied.
r
I. M. Lieberman, Neutral Chairman
.' '~,1. ~.1.`
404 =4
G. 1'1. Garmon, C rrier Member S. E. Fleming, Emplo ee Member
February 8 , 1983
Chicago, IL