(1) The dismissal of Section Laborer T. E. Ruble for alleged 'habitual absenteeism from duty and allegedly absenting himself from duty without proper authority on January 11 and January 14, 1980' was without dust and sufficient cause and on the basis of unproven charges (System File D-5-80/11Wr-16-80).

 (2) ,Section Laborer T. E. Ruble shall be reinstated with seniority and all other rights unimpaired and he shall be compensated far all wage lose suffered, including wartime and holiday pay."

 OPINION OF BOARD: The Claimant was employed by Carrier as a track laborer, with
 a seniority date of May 19, 1977. On January 14, 1980, he
 was notified:





The investigation was postponed and held on January 20, 1980, following which Claimant was dismissed from service on February 6, 1980. A copy of the transcript of the investigation has been made a part of the record.

 The transcript shows that the hearing officer attempted to go into Claimant's absentee record from the date he was employed without giving specific dates in the letter of charge, this resulted in a strong protest from Claimant's representative. We consider the Carrier to be in error and possibly in violation of Rule 28 of the Agreement on the habitual absenteeism charge, and attempting to go back sin menthe or so in the investigation, At any rate, Claimant's attendance record was improving after being reprimanded twice.
                      Docket Number h&1-23941


So far as the two specific dates mentioned are concerned, January 11 and 14, 1980; as we understand from the record, Claimant worked his regular assignment on January 11. He was later called tq tiork on another Foreman's shift, to which he responded. Later is the evening he advised the Foreman he felt ill and would like to go home: His request was not granted and Claimant continued working. Subsequently, the Foreman snider whom the Claimant was working, was called home on an emergency and did not return. The gang was left in charge of a Mr. Nick Baca, who was not called into the investigation. Claimant contended that he was too ill to work and went home, apparently without permission fry anyone.

        On January 14, 1980, Claimant was on duty when a message was conveyed

to him from the tower that he was to go home immediately because of an emergency.
 His Foreman y ggested.that he call home first to find out what the emergency
 was. Claimant went to use the telephone, but it was busy, so ha went home at
 about 2:00 p.m. It was later developed that the gas had bees turned off at
 Claimant's home:

 Based an the entire record, discipline was warranted. However, permanent dismissal was excessive. We will award that Claimant be restored to the service with seniority unimpaired, but without any compensation for time lost while out of service.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds sad holds:


        That the parties waived oral hearing;


That the Carrier and the Employee involved in this dispute are respectively (;artier sad Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;

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

        That the discipline was exnessive. - ~c C E IV

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                                              J I, i1 .. _.;, ,1

                        A W A R D

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                                            \Ch; ,~;= l


        Claim sustained is accordance with the Opinion. `4~'~90 office -~~~


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Bo Td

 By

        Rosemar a Brasc dmin s ra ve ss s an


Dated at Chicago, Illinois, this 25th day of .larch 1982·