(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Burlington Northern Inc.

(1) The dismissal of Sectionman W. M. Baklund for 'absenting yourself from duty without proper authority, on January 6 and January 7, 1977' was without just and sufficient cause, excessive and wholly disproportionate to the offense with which charged (System File T-M-191C/MW-20 3/30/77).

 (2) Sectionman W. M. Baklund be reinstated with seniority and all other rights unimpaired and he be compensated for all wage loss suffered."

 OPINION OF BOARD: It was convincingly established at the investiga
 tion held on this matter that after having
 requested and being granted two successive days of vacation, Claimant
 took a third day off for vacation without requesting or receiving
 authority to do so from appropriate supervision and then took the
 next day off also, but on that day calling in some time between
 8;00 a.m. and 9:00 a.m. to ask for vacation for that day (his regular
 scheduled working hours were 8:00 a.m. to 4:30 p.m.) The supervisor
 who replied to the latter call (and under whose im~diate supervision
 Claimant is) refused permission, explaining that Claimant was needed
 because of urgency of work following a derailment. Claimant refused
 and did not appear for work that day.

 The evidence reveals no compelling or unexpected circumstances which caused this failure of Claimant to protect his assignment. It also indicates that Claimant was aware of his responsibilities and required procedures in such cases and met neither. These actions involved violations of Carrier's Rule 665 of the Safety Rules of Maintenance of Way Department and in such a manner as to justify Carrier's conclusions that they were to be treated with severe disciplinary reaction.


When account is also taken of Claimant's earlier disciplinary record, there is no basis on which to intrude on Carrier's imposition of the termination penalty.

        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 Adjustment Board has jurisdiction over the dispute involved herein; and

 That the Agreement was not violated.

              A W A R D


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        Claim denied. ~i

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                            By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 31st day of January 1979.