Edward L. Suntrup, Referee


PARTIES TO DISPUTE:
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
 (1) The dismissal of Laborer Gary D. Bandy for being absent from his assignment 'without proper authority on August 19, 1980' was arbitrary, an abuse of justice and discretion and wholly disproportionate to the offense with which charged (system File MW-80-159).
 (2) The claimant shall be reinstated with seniority, vacation and all other rights unimpaired and he compensated for all wage loss suffered."
 OPINION OF BOARD: Claimant, Mr. G. D. Bandy, entered service of the Carrier
 on June 12, 1979. On August 22, 1980 he received notice from the Carrier that he had been absent from his assignment without proper authority on August 19, 1980 in violation of Rule M 810 of the General Rules and Regulations of the Carrier and as a consequence thereof he was dismissed from service. As action by the Carrier the Claimant requested a hearing, by letter dated August 28, 1980, which heari held on September 22, 1980. By letter dated September 24, 1980 Claimant was informed that his dismis since testimony taken at the hearing revealed that he was in violation of Rule M 810 as charg pertinent part:

A review of the transcript of the hearing shows that sufficient substantial evidence is present to w conclusion that the Claimant is guilty as charged. Testimony of Claimant's General Foreman states th request permission from authority to be absent an August 19, 1980 and this is corroborated by the te Claimant himself when he stated, in hearing, that he was aware of the reporting requirements and tha permission to be absent from his assignment on August 19, 1980.

 This Board has gone on record numerous times to the effect that unauthorized absence from work is su ject-matter for discharge (See Third Division Awards 10974, 16860, 21004 inter alia). In the reasonable cause for overturning the precedent found in the above noted Awards.

                      Docket Number NW-24254

        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;
 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


        Clai m denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        Attest: Acting Executive Secretary National Railroad Adjustment Board


        By

    ~~. Rosemarie Breach - Administrative Assistant


        Dated at Chicago, Illinois, this 14th day of April 1983.


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