PARTIES Brotherhood of Maintenance of Way Employees
and
DISPUTE Atchison, Topeka and Santa Fe Railway fampsny
STATEMENT "1. That the Carrier violated the agreement when on July 26,
UhZLTTIm- 1982, it assessed Trackman D. W. Cook's personal record
with thirty (30) demerits causing an over-accumulation
of demerits and dismissal of Mr. Cook. Said action being
unduly harsh and in abuse of discretion.
2. That claimant now be reinstated to his former position with.
the Carrier with seniority and all other rights restored
unimpaired and that he be compensated for all wage loss
suffered and that the charges be stricken from his personal
record."
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.

The record indicates that the claimant, Mr. Cook, had be6n assessed a total of 65 demerits as of July 18, 1982, and had received a total of 30 credits as of that date. After a three-day absence without authority, on July 21, 1982, claimant received a total of thirty demerits because of a three-day absence. He waived an investigation for those dates and accepted the demerits. Therefore, based on his past record, he had a total of 65 demerits accumulated as of July 23. The record indicates further that all of the demerits assessed against claimant since April of 1981 were as a result of absence from duty without authority.

There is no doubt with respect to the facts in this matter, as indicated heretofore. Under Carrier's well-established and long-standing disciplinary program, employees who accumulate 60 demerits are subject to dismissal. In this instance,
rPLB No. 2774 2 - Award No. 67
Case No. 104

the claimant, after having waived an investigation with respect to the final assessment of demerits, accumulated 65 demerits. Thus, his record warranted dismissal under the Carrier's system. Particularly in view of the fact that claimant waived an investigation with respect to the final as=sessment of demerits, no further action may be contemplated by this-Board-in terms of the Carrier's conclusions. The system called for dismissal and such was tt.a assessment cf discipline.

AWARD

            Claim denied.


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                  . M. Lieberman, Neutral-Chairman


C. F. Foose-, Employee Member G. M. armon, Ca,rier Member

Chicago, Illinois
July2j, 1984