PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE The Atchison, Topeka and Santa Fe Railway Company
STATEMENT
OF CLAIM "Claim that the 30 demerits assessed the personal record
of former Middle Division Trackman J. W. Carroll, for
being absent without proper authority December 9, 10,
14, 22 and 29, 1981 be expunged and that the claimant
be reinstated to service with seniority, vacation,
all benefit rights unimpaired and paid for ail wage
loss and/or otherwise made whole, as a result of
being unjustly removed from service for accumulation
of excessive demerits."
FINDINGS Upon the whole record, the Board finds that the
parties herein are carrier and Employes 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.
in this dispute, Claimant was employed as a Trackman on the
Middle Division. Claimant was dismissed from the service of the
Carrier for accumulation of excessive demerits; the last 30 demerits
were assessed for being late to work on December 9 and 10, 1981, and
absent without permission on December 22 and 29, 1981. The record
reflects that Claimant signed for and admitted his responsibility
in violation of Carrier's Rules 13, 15 and 16, Form 2626 Std.
After Claimant's record wad assessed with the 30 demerits, his
personal record had 70 demerits outstanding which subjected the
Claimant to dismissal for excessive accumulation of demerits.
Award No. 1 - Page 2

It is a well established principle that every employe has an obligation and a duty to report on time and work his scheduled hours, unless he has good and sufficient reason to be late, to be absent, or to leave early. Those reasons must be supported by competent and acceptable evidence. This the Claimant failed to do.
We have reviewed the record which clearly indicates, and the Claimant acknowledged, that he was aware he had accumulated in excess of sixty (60) demerits. Various Divisions of the National Railroad Adjustment Hoard, as well as many Tribunals, have ruled that dismissal based on "The Brown System of Discipline" may be upheld.
The Hoard fully recognizes all the points raised by the Organization in behalf of the Claimant. In spite of the Organization's vigorous appeal, the Board can find no justification to overrule the decision of the Carrier.

AWARD . Claim denied.

!~9~

          ier Member


Dated at Chicago'
February 22, 1983

Clarence H. He gton
Neutral Membe

organization.Mem r