(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (St. Louis-San Francisco Railway Company



(1) The dismissal of Trackman E. Gilbert was without just and sufficient cause and was arbitrarily and unreasonably imposed. (System File B-1688/R-20692)

(2) The claimant shall be restored to service with seniority rights unimpaired and with pay for all time lost, all in conformance with Agreement Rule 91(b)(6)."

OPINION OF BOARD: The Claimant had been in the Carrier's employ
for about 3 months when he was dismissed for
excessive absenteeism without permission of, or notification to,
his supervisor. Claimant's explanations for his absences--ll days
in all--were unconvincing.

The record also indicates that during part of the period when he was away from his assignment he was arrested and pleaded guilty to charges of possession of marijuana and paraphernalia.

Claimant's abseenteeism record, considering his status as a new employe, is deplorable. It is indicative of a lack of responsibility and concern towards his job and the requirement to show up regularly for his assigned tours of duty. Avery fundamental rule in any employment relationship is the duty to report regularly for work. The Board has on many occasions, too numerous to cite, upheld the principle that unauthorized absence from duty during assigned hours is a serious offense and frequently results in dismissal from service.

In addition, conviction of a crime such as possession of marijuana is sufficient grounds for dismissal. The issue is not a



new One and has been dealt with before. This Board has also previously held that confinement in jail does not constitute unavoidable absence for good cause.

Under all the circumstances here present, and in the light of well-established Board holdings in analogous situations, we find no justifiable reason for disturbing the action taken by the Carrier and, accordingly, we must deny the claim.

        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


        Claim denied.


                        NATIONAL RAILROAD ADJUSTNENT BOARD

                        By Order of Third Division


ATTEST: ~~ G/[/'I~.~
Executive Secretary

Dated at Chicago, Illinois, this 16th day of April 1-979:._----..