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

(1) The record of TrackmanJames Cypress was improperly closed by the Carrier on March 7, 1977 as a consequence of the claimant's involuntary absence from work because of illness and the Carrier's refusal to permit him to return for light-duty service (System File MISC.)

 (2) The closing of the claimant's record shall be rescinded; the claimant shall be returned to service with all rights intact and with pay for all time lost since the date he was released by his doctor for lull time service."

 OPINION OF BOARD: The Claimant was not permitted to return to service
 with a "light duty" slip because Carrier had no such
 employment available. Thereafter, Carrier "closed his record" on account
 of being off over 30 days without a leave of absence.

 We are of the view that Rule 87 disposes of this dispute, absent a showing that a written leave of absence was approved by the appropriate Carrier Official.

 The record contains soave assertions regarding a request for a leave of absence, but there is not a sufficient showing to satisfy Claimant's burden of proof.

 We have noted certain asserted procedttral deficiencies; however, our decision here makes it unnecessary to deal with those allegations.





Shat the Carrier and the Employee 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 ADJOSTbINT BOARD

                        By Order of Third Division


ATTEST:
        Executive Secret .


Dated at Chicago, Illinois, this 24th day of August 1979.