PUBLIC LAW BOARD
N0. 3308 _
Award
No. 3
Case No.
3
P:LRTIi3 irotherhood of Maintenance of _ay _wployas
TD
:;I3i=CTS the dtchison, ropeka and Santa e'e .railway :.ompany
STAT=ni~:,T ~Clais that former Middle Division fraekman Y, T. Luna
CF .3<1IM be reinstated to service with seniority, vacation.
all benefit rights unimpaired and paid for wage loss
beginning ?ebruary 24, 1982, account the claimant
was unjustly removed from service for accumulation
of excessive demerits."
F'I`:ur:G ; Upon the whole record, the ::;card finds that the parties
herein are Carrier and Employee within the meaning of the aailway
Labor act, as amended, and that this Zoard is duly constituted under
Public Lav 89-456 and has jurisdiction of the parties and the subject
matter.
Claimant. a Trackman on Carrier°s Middle Division, was permanently removed from service on February 24, 1982. pie was dismissed
for accumulation of excessive demerits under Carrier's Rule 31-H
that provides 'A balance of 60 demerits subJecis an employs to
di.s=issai.' The above cited mule 31 is commonly referred to as
"."he Srora S1sta= of Discipline." The 3aard haw reviewed the record
which clearly shore that Claimant had accumulated sixty (60) demerits.
Various Divisions of the National Railroad Adjustment Board
have ruled that dismissal based an tbia System may be upheld.
He find nothiaq in the record that would 'warrant penalty reduction .
Award
No. 3
-.3368
Page ?
Therefore, .`.his claim must be denied.
:~.~.1=;;~ Claim denied.
Clarence Ei. ,:err' .a on
Neutral Member
Carrier Member Organization.Member
Dated at Chicago
February 22, 1983