PUBLIC LAW BOARD N0. 2774
Award No. 68
Case No. 105
PARTIES Brotherhood of Maintenance of !Jay Employees
and
D17UTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "i. That the assessment of fifty (50) demerits to Trackmfin
Ur-C LAI M
J. S. Debano's personal record was in violation of the
agreement between the parties and in abuse of discretion.
2. That Trackman J. S. Debano be returned to his former
position with seniority and all other rights restored un
impaired and that he be compensated for all wage loss suf
fered as a result of the violation referred to in Part 1
hereof."
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 dismissed by letter dated August 9, 1982, for the accumulation of a total of 85 demerits. He had received 20 demerits far an absence without authority on July 7, 1982, after a formal investigation held on August 4,
1982. Further, he received 30 demerits for absence without authority on July 28,
1982. He had waived an investigation with respect to the last 30 demerits.
The Organization argues that the dismissal was improper since the assessment of
30 demerits was gross and inconsistent with the nature of the infraction. The
record, however, indicates that the assessment of demerits was well within the
guidelines set forth by Carrier with respect to its entire disciplinary system
which permits the assessment of from five to 30 demerits for a particular infraction. Further, even assuming, arguendo, that petitioner was correct and that 30
demerits was excessive as compared to the 20-demerit assessment which immediately
preceded it, this would be immaterial in the ultimate disposition of this matter.
Thus, the 85-demerit accumulation was so much above the 60-demerit threshold
that the exact number of demerits assessed for the final absence was really
PLB No. 2774
- 2 - Award
No. 68
Case No. 105
immaterial. Under the circumstances and in view of the fact that claimant
clearly violated Carrier's rules under the disciplinary program by his continued series of absences and accumulation of sufficient demerits to warrant
dismissal, the Carrier's decision was well grounded. There is no basis for
disturbing that decision and, therefore, the claim must be denied.
AWARD
Claim denied.
I,
. M. Lieberman, Neutral-Chairman
C. F. 7oOSe, Employee Member G. M: 6armon~ rier Member
Chicago, Illinois
July
2,3
, 1984