Paul C. Carter, Referee


(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:
              (Consolidated Rail Corporation


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

 (1) The dismissal of Machine Operator Robert J. Brown for allegedly absenting himself from duty without proper authority on March 22, 1978 was without dust and sufficient cause and on the basis of unproven charges (System Docket 380).

 (2) Machine Operator Robert J. Brown shall be reinstated with seniority and all other rights unimpaired and shall be compensated for all wage loss suffered."

 OPINION OF BOARD: Claimant was employed as a Machine operator with Rail Gang
 No. 370. He was notified to attend trial on August 31, 1978, on the charge:

            "Rule T, Rules for Conducting Transportation, Paragraph 2:


            "No employee will be allowed to absent himself from duty without proper authority nor will any employees be allowed to engage a substitute to perform his duties.


            "Absent Pram March 22, 1978 to present."


The trial was held as scheduled, following which claimant was notified on September 14, 1978, of his dismissal from service. A copy of the transcript of the trial has been made a part of the record. A review of the transcript shows that none of claimant's substantive procedural rights was violated. Claimant was present throughout the trial cad was represented.

 A review of the transcript of the trial shows that discipline was warranted and justified. Howev should constitute sufficient discipline. We will award that claimant be restored to the service with seniority rights unimpaired, but without any compensation for time lost.
                      Award Number 23505 Page 2

                      Docket 'Dumber MW-23876


        FINDIf=: The Third Division of the Adjustment Boards upon the whole record and all the evidences finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Acts as approved June 21, 1934;

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

        That permanent dismissal was excessive.


                          A W A R D


        Claim sustained in accordance with the opinion.


                          NATIONAL RAILROAD kDM8IENT BOARD

                          7y Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago,, Illinois, this 29th day of January 1982.

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