For 1 NATIONAL L ADJUSTMENT



                                          Docket No. SG-38105

                                          04-3--3-


The Third Division consisted f the regular embers and i addition Referee Francis . Quinn when award was renere.

    (Brotherhood of Railroad Signal en TIES T DISPUTE:

                  (The Burlington Northern and Santa Fe Railway Company


STATEMENT F CL

"Claim on bealf of the General Committee f the Brotherhood o

ailroad Signalmen on the Burlington rtern Santa e (BNSF):


      Claim n behalf of J. . Skorafr reinstatement an payment all time lost and benefits, and for all reference to this matter be

      removed his personal record, account Carrier violated t

      current Sigalmen'greeent, particularly Rule , when it failed

      rvie the Claimant with a fair aim partial investigation

      and

      imposed harsh a excessive discipline f dismissal on the Claimant

      in connection with investigation conducted at 1:00 p.m., on

      September 1 , 2, in the Claimant's absence. Carrier's File .

      35 12. General Chairman's File . 02-117- -154-T .

      S File, Case .1273 - SF."


FINDINGS:
e Tit Division of e Adjustment Board, upon the whole record n all e evidence, finds tat:

 The carrier r or carriers and the employee or employees involved in this dispute
 are respectively carrier a employee it in t meaning t Railway Labor t,
 as approved June 21,193 .
 For 1 .A. r o.37
 Docket . 3 1
 -3--3- 3
 This Division the Adjustment Board as jurisdiction over t dispute
 involve herein.

      Parties to said dispute were given due notice f hearin ng thereon,,


The Claimant was on an approved medical leave of absence fro July 1to
 September 1, 2002. The Claimant did not report back to k on Septeer 10
 11 r explain why a was absent. Hearing as held on September 1 , , t
 ascertain the facts. Neither the Organization nor the Carrier was able to
 successfull contact the Claimant and obtain an explanation for his unauthorize
 bsence.

 The record indicates that the Claimant had elicit instructions concernin authorized leaves of asence n that he ne the consequences failure to reort for . The Claimant never returne to work and never notified the Carrier . The discipline assessed as commensurate with te violation.

                        A


      Claim denied.


                            E


This Board, after consideration of the dispute identifled above, hereby orders that n and favorable to the Claimant(s) not be made.

                        TI IL ADJUSTMENT

                        BOARD y Order f Third ivisi


ate t Chicago, Illinois, this 7t f October
                                  2004.