Case No. 35
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 S. M. Salgado from service, effective August 6,
1990, was unjust.
Accordingly, Carrier should now be required to
reinstate the claimant to service with his seniority rights
unimpaired and compensate him for all wages lost from August
6, 1990 (11-680-120-880/190-13A1-9025)"
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 June 28, 1990., Carrier's Division Manager wrote the
claimant, notifying him that effective immediately his
seniority and employment were terminated due to his being
absent from duty without proper authority or approved leave
of absence "since June 18, 1990 through June 28, 1990", and
that he could, if he desired, request a formal investigation
within 20 days from June 28, 1990. The claimant requested a
formal investigation, which was held on August 3, 1990.
Claimant, however, did not attend the investigation.
Following the Investigation, Claimant was removed from
service for being absent without proper authority or
approved leave of absence June 18, 1990, through June 28,
1990, in violation of Rules B and 1004, Safety,and General
Rules for All Employees.
The claimant's failure to attend the investigation,
even if his absence was due to incarceration, is tantamount
to a plea of no defense. The Board finds that he was
properly found to be in violation of the rules cited in the
notice of investigation, and his removal from service was
Case No. 35 Page 2 AWARD No. 35
entirely appropriate for his responsibility in connection
therewith.
AWARD: Claim denied.
G. Michael Garmon, Chai man
',
(f~' -7-
Dated a Chicago, IL:
6/