THIRD IJIVISION Locket Number MW-24814


                    Eckehard Muessig, Referee


                (Brotherhood of Maintenance of way Employes

PARTIES TO DISPUTE:
                (Chicago, Milwaukee, St. Paul and Pacific Railroad Company


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track Laborer Francisco Moreno for allegedly leaving his work site on April 29, 1981 without proper authority was without just and sufficient cause and on the basis of unproven charges (System File C#12/D-2506).
(2) The claimant shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: Shortly after 12:00 p.m. on April 29, 1981, the Claimant
 herein, a Trackman, left his work site after representatives
 of the Immigration Department arrived on the property. There is no dispute on
 this point; however, there are divergent accounts with respect to whether the
 Claimant received permission from his Supervisor to leave the Carrier's property.
Following the incident, the Claimant was provided notice by the Carrier tht he had voluntarily left the service of the Carrier without authority, and hereby forfeited his seniority in accordance with Scheduled Rules 16 and 17.
The Board finds, on the facts and circumstances of the record before it, that the Claimant left the property without proper authority and by so doing forfeited his seniority in accordance with the above-cited Rules.
        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 inolved 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.

            Award Number 24685 Page 2

                      Docket Number MW-24814

                      A W A R D


        Claim denied.


                          NATIONAL RAILROAD AD7USTMENT BOARD

                          By Order of Third Division


Attest: '
        Nancy J.rer - Executive Secretary


Dated at Chicago, Illinois this 24th day of February, 1984
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