(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Terminal Railroad Association of St. Louis

(1) The dismissal of Track Laborer James D. Morrison vas without just err sufficient cause; vas on the basis of an unproven charge; was exceedingly disproportionate to the offense with which charged (System File TRRA-1978-2).

 (2) The Carrier shall restore Claimant Morrison to service and extend to him all the other benefits and remedies prescribed in Rule 24(d) "

 OPINION OF BOARD: Claimant, a track laborer, with about thirteen
 months service, was notified on September 29, 1977,
 to attend an investigation on October 4, 1977:


claimant did not appear, On October 14, 1977, he was notified of his dis
 missal from the service. On November 10, 1977, the organization advised the
 Carrier's Assistant Chief Engineer that claimant had stated that he had to be
 out of town due to an emergency and, therefore, was unable to attend the
 October 4, 1977--investigation.- _

 At the request of the General Chairman, another hearing was scheduled for Nova 15, 1977. Claimant was present at the November 15, 1977, investigation. Claimant was notified of his dismissal from service on November 17, 1977.

 Copies of the investigations conducted on October 4, and on November 14, 1977, have been made part of the record.


The Board has carefully reviewed the entire record and finds that none of claimant's substantive procedural rights was violated in the handling of the dispute. There was substantial evidence adduced to show that claimant was absent from September 26, 1977, and that he did not have permission from or notify anyone in authority of the reason for his absence. Also, claimant's work record during his short service with the Carrier was far from satisfactory.

 There is no proper basis for the Board to interfere with the discipline imposed.

        FILDIRGS: 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 Employee involved in this dispate are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 193$;

 That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.

                                            J


                    A W A R D


        Claim denied. [·~


                      NATIONAL RAILROAD ADJUSTKMT- BOARD

                      Br Order of Third Division


ATMST: ~~ ~ad/Q-=·'

        Executive Secretary


Dated at Chicago, Illinois, this 9th day of November 1979.