(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:



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

(1) The dismissal of Trackman D. Williams for alleged 'failure to comply with Safety Rule 502' w B-1547-1/MWC 84-1-27B).

(2) The claimant shall be reinstated with seniority and all other rights unimpaired, his record shall be cleared of the charge leveled against him and he shall be compensated for all wage loss suffered."

OPINION OF BOARD: Claimant, a Trackman, left his assignment 3 1/2 hours early
on the afternoon of September 30, 1983. He was dismissed
on the following working day for the absence, and the dismissal was upheld in
a formal Investigation held by Carrier on October 20, 1983.

The Parties' Rules prohibit unauthorized absences from duty, and the testimony of Claimant and of Carrier's witnesses amply evidenced that Claimant had absented himself without proper authority. Discipline was warranted.

Such unauthorized absence, and particularly that violation when repeated, can warrant dismissal. fully explored in exchanges made on the property. Carrier's adherence to its dismissal decision reflects not undue harshness, but rather a discretionary matter resting with Carrier.





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;

                        Docket Number MW-26251


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:
        Nancy J. ev -Executive Secretary


Dated at Chicago, Illinois this 19th day of September 1986.

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