Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10533
 SECOND DIVISION Locket No. 10703
 2-SLSW-FO-185
 The Second Division consisted of the regular members and in
 addition Referee Raymond E. McAlpin when award was rendered.
 (International Brotherhood of Firemen and Oilers
 Parties to Dispute:
 (St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
1. That the Carrier's action in dismissing Laborer Lawrence Spates from service on December 13, 1983, was indeed harsh, out of proportion, excessive and constituted an abuse of discretion.
2. That accordingly, the St. Louis Southwestern Railway Company restore Laborer Lawrence Spates to service-


(b) with compensation for all time lost, plus 18% per annum compounded annually on the anniversary of this claim;


(d) paid premiums (or hospital dues for hospital, surgical, and medical benefits) for all time held out of service;
(e) pay premium for his group life insurance for all time held out of service.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employs involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.


The Claimant, Lawrence Spates, a Laborer for the Carrier, was charged with violation of Rule 801 involving insubordination and Rule 810, employes absenting themselves from their employment without proper authority. As a result of an investigation held on December 13, 1983, he was dismissed from service. The record shows that the Claimant was instructed on two separate occasions on October 6, 1983 to clean the lunchroom. Subsequent to the second instruction, the Claimant left the premises of the Carrier. The Claimant did not return to work that day.
 Form 1 Award No. 10533
 Page 2 Docket No. 10703
 2-SLSW-FO-185
The Organization argues that the Claimant had a record which contained no previous disciplinary problems. The Carrier notes that the Claimant had been dismissed previously during 1978 for excessive absenteeism. The Organization stated that the Claimant left the premises due to health problems. However, there was no showing during the investigation or in the record that the Claimant had health problems cn the date in question serious enough to cause him to leave prior to completing his assignment. Finally, the Organization argued that discharge was not appropriate in this case, that even if the Board finds that the Claimant was guilty as charged, there are extenuating circumstances which should lead to a lesser penalty.
The Claimant is charged with serious violations of the Carrier's rules. The Board notes that the Claimant has had a previous dismissal on his record and we can find no evidence presented which would lead to any mitigation in this case. Therefore, this Board, upon review of the entire record before it, has concluded that this claim must be denied.






ATTEST
        Nancy J. r - Executive Secretary


Dated at Chicago, Illinois, this 4th day of September 1985.