PUBLIC LAW BOARD NO. 4823
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO ) versus
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
"Carrier's decision to remove former Texas Division
Trackman J. L. Blackwell from service, effective October 2,
1989, was unjust.
Accordingly, Carrier should be required to reinstate
Claimant Blackwell to service with his seniority rights
unimpaired and compensate him for all- wages lost from
October 2, 1989. (Files 11-680-120-856/100-1301-899)"
FINDINGS:
This Public Law Board No. 4823 finds that the parties
herein are Carrier and Employees within the meaning of the
Railway Labor Act, as amended, and that this Board has
jurisdiction.
On September 18, 1989, Carrier's Division Manager wrote
the claimant notifying him of formal investigation to be
held concerning the claimant's allegedly having reported
late to work on September 13, 1989, in possible violation of
Rule 1004 of Carrier's Safety and General Rules.
Following the investigation, Carrier found Claimant
responsible for reporting to work over one hour late on
September 13, 1989, in violation of Rule 1004. He was
assessed thirty (30) demerits for his responsibility in
connection therewith.
The aforementioned assessment of thirty (30) demerits
resulted in the claimant accumulating excessive demerits (a
total of seventy). On October 2, 1989, he was removed from
service for accumulation of excessive demerits, pursuant to
Letter of Understanding dated April 16, 1979.
During the formal investigation the claimant produced a
note stating -
"Airlane-Villa Mag (manager?) forgot to wake up
Mr. Blackwsell- at GAM on-Sept. 13, 1989."
Case No. 14 Page 2 AWARD NO. 15
This note was signed by a person identified by Claimant as
the manager of the motel where Claimant lodged the night of
September 12, 1989.
During handling of the claim under the prescribed
appellate procedures, Carrier questioned the authenticity of
the note and stated that on the morning of September 13,
1989, when Claimant was questioned as to his reason for
reporting late for work, he could have presented a copy of
his motel receipt to enable his supervisor to contact the
motel and verify his story. He did not do so; in fact,
Carrier contends that Claimant could not even recall the
name of the motel where he had allegedly spent the previous
night. Carrier also rightfully pointed out the fact that
whether or not Claimant spent the night at a motel and/or
was not given a wake-up call by the motel manager (which
Claimant allegedlyrequested), is irrelevant. It is
Claimant's responsibility to report for work on time.
The record reflects Claimant's past discipline record
is extremely poor. He had been assessed discipline on
twenty-four (24) prior occasions, including one prior
dismissal for accumulation of excessive demerits. All of
his previous discipline (a total of 345 demerits) was
assessed for either being AWOL or reporting late for work.
Under the facts and circumstances of this particular
case, and particularly in view of the claimant's
demonstrated propensity for either being AWOL or reporting
late for work, the Hoard finds that the claimant was
properly found to have violated Rule 1004. The assessment
of thirty (30) demerits was entirely appropriate for his
responsibility in connection therewith.
AWARD: Claim denied.
G. Michael Garmon Chairma
Employee ember
Carrier Member
Dated at Chicago, IL: