PUBLIC LAW BOARD NO. 2774
Award No. 50
Case No. 60
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "1. That the dismissal of Northern Division
OF CLAIM Trackman G. A. Thurston from service after
formal investigation May 13, 1981, was unjust.
2. That Claimant Thurston be reinstated to
service with seniority, vacation, all-
benefit rights unimpaired, paid for wage
loss 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.
Following an investigation Claimant Thurston was dismissed frown service
for allegedly violating Carrier's rules with respect to being absent
without proper authority on 13 days in April and May of 1981.
The record of the investigation, in this matter reveals that Claimant=was
indeed absent without authority on the dates indicated by Carrier in its
charges. No defense was made with respect to the dates in question. The
Board is of the opinion that the record in this case is consistent with
that in many other situations in which absence without proper authority
justifies permanent dismissal. There is no doubt but that Carrier has
the right to impose discipline necessary in order to operate in an
efficient manner and rely upon the presence of its employees. Conduct
such as that of Claimant,in this case, is simply not tolerable in an
employment situation. It is concluded, therefore, that the evidence was
sufficient to support Carrier's conclusion that Claimant was guilty and
the penalty cannot be considered to be harsh, excessive or an abuse of
discretion.
AWARD
Claim denied.
I_. 1.~ c `(-,
SIG ~
M. Lieberman, Neutral Chairman
i- ~ , ' t
G. M. Garmon, C rrier member S,. E. Fleming, Employ a Member
February 8 , 1983
Chicago, IL