PUBLIC LAri 30a.ID 1~0. 3308
Award No. 4
Case No. 4
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> Brotherhood of : aintanance of .%ay =ployas
M
~;SP::T~ the Atchison, ropek,a and Santa : e aailxay ;ompany
z:`WEME"NT
"Claim for reinstatement of former Southern Division
uF CLAIN rrackman :n. f. aoyle with seniority, vacation and
all benefit rights unimpaired, account the Ciaisaant bei:g
unjustly removed from sdrvic® for accumulation of Qx
eessive demerits."
FINDINGS Upon the whole record the Board finds that the parties
herein are Carrier and Employes within the meaning of the -4ailvay
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, N. T. Boyle, vas discharged effective August 18, 1981,
account accumulation of 75 demerits in violation of Rule 31-H,
^eneral Rules for the Guidance of Employes*
The Hoard has carefully reviewed the record which clearly reveals
Claimant had accumulated sixty (60) demerits and more in violation
of Rule 31-4t .
While the Beard fully recognizes all the points raised by tY.e
Organisation it can find no justification to overrule the decision
of the Carrier. Numerous Hoard Awards have held that dismissal
under the Company's Demerit System of Discipline was not arbitrary
or capricious and that dismissal based on the system may be upheld.
-.,.ward
No. 4-33~:S
Page No. 2
avi&cD
Claim denied.
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clarance .:. ner g~ r.
.Neutral i:am:~^,er
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Larder : embe c,rganization ..emn
Dated at Caicago
February 22, 1983