Rolf Valtin, Referee


(Brotherhood of Maintenance of Way Employes
 PARTIES TO DISPUTE:
 (Illinois Central Gulf Railroad
 I
                STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

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(1) The dismissal of Trackman J. L. Earnest for alleged violation of Rule 'P' was without just and sufficient cause and in violation of the Agreement (System File T-203-T-76/134-296-512 Spl.. Case No. 1050 MofW).

 (2) Trackman J. L. Earnest be reinstated with seniprity, vacation and all other rights unimpaired and reimbursement be lade for all wage loss suffered."

 OPINION OF BOARD: The claimant, a Trackman with nearly 5 years of
 service with the Carrier, was discharged for
 leaving work early (less than half way through his shift) without
 permission from his foreman -- and, indeed, on being told by his
 foreman that he could 'not be spared on the particular day. We think
 the evidence clearly shows the claimant to have been guilty as charged.
 Moreover, judging by his past record, the claimant is an employe with
 a propensity for irresponsible absenteeism.

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Nevertheless, given the fact that the offense which the claimant here committed, though obviously wrongful, is not of a capital nature, and given the fact that nearly 5 years of service with one and the same employer represents a rather significant investment in a working man's life, w result is to give the claimant one more chance via corrective discipline. We are directing his reinstatement without impairment of seniority rights, but also without reimbursement for the wages lost. The claimant must understand that he cannot expect to survive as an emnloye of the Carrier if he does not mend his ways.
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                    Award Number 223 Page 2

                    Docket Number MW-22184


        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjus t=ent Board has jurisdiction over the dispute involved herein; and

        That the discipline was excessive.


                    A W A R D


        Claim sustained in accordance with Opinion and Findings.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


              ATTEST: a·4w' if . ,~

        Executive Secretary


I Dated at Chicago, Illinois, this 16th day of June 1978.