Josef P. Sirefman, Referee


(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE;
                (Missouri Pacific Railroad Company


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The discipline assessed Trackman P, J. Berry for allegedly 'absenting yourself from your pos permission' was without just and sufficient cause and wholly disproportionate to the offense with which charged (System File S 310-258).

 (2) Trackman P. J. Berry shall be afforded the remedy prescribed in Rule 12, Section 1 (e),"

 OPINION OF BOARD; The Claimant, Paul J. Berry, was employed as a Trackman by the
 Missouri Pacific Railroad Company for about three years when given notice on August 10, 1978 of an investigation "in connection with your failure to follow (Foreman's) instructions... on August 3, 1978 and August 9, 1978 by absenting yourself fro of his dismissal by the Carrier on September 12, 1978.

 There was no evidence given by the Foreman at the investigation concerning the events of August 3, 1978, and these played no further role in the disciplinary process. An examination of the record at the hearing establishes that Claimant left his job on August 9, 1978 contrary to the instructions of supervision for notification. There was su Claimant. Mr. Berry was twice offered reinstatement by the Carrier - on July 9 and again on July 24, 1979 - but he did not report to work. In view of his failure to avail himself of these two opportunities his termination is upheld.

        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;
                        Award Number 233

                        Docket Number Md-23226 Page 2

                _ \


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 ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST;
            Executive Secretary


Dated at Chicago, Illinois, this 14th day of August 1981.

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