PARTIES) THE ATCHISON, TOPEKA AND SANTA FE ~~a?LW:i~ i;O.if·~.:1Y To ) DISPUTE) BROTHERHOOD OF MAINTENA:·1CE OF 'I.eF. E::L'LO'i :;5

 STATEMENT OF CLAIM:

 1. That the Carrier violated Article V of the Agreeaent by unjustly
 continuing Los Angeles Terminal Division Trackman Lupe Gonzalez out
 of servica beginning December 5, 1978 and not rendering decision
 after formal investigation held De,:.ember 5, 1970.

 2. That the Carrier now reinstate Mr. Gonzalez to service with sen
 iority, vacation, all other benefit rights unimpaired and compensation
 for net wage loss beginning December 5, 1978 continuing forward.

 FIND114GS: This Public Law Board No. 1582 finds that the parties
 er~n are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the claimant was absent from duty commencing Octouer 24, 1978, and on November 9, 1978 the claimant was written a certified letter notifying him that his seniority employment with the Carrier ;Lad been terminated due to his being absent from duty withuut proper authority, and that he might, if he desired, request a formal investigation within twenty days.

 The claimant requested and was granted an investigation under Article V of the agreement. The investigation was held as scheduled at Los Angeles, California on December 12, 1978. The Organization contends that the claimant was confined to jail as a result of his failure to make child support payments.

 After examining the transcript of record and all of the evidence at i.aad, there is no question but that the cl ai-anc c,:~.~ tusent without authority. However, under all tile circumstar,:es iL::rein is is the opinion of the Board that permanent discharge is too severe and £iu;la the claimant should be reinstated with seniority and all un:er right:. unimpaired but without pay for time lost.

 AWARD: Claim sustained as per above.

 ORDER: The Carrier is directed to co1143ly with this award within tFi-irty days from the date of this award.


reston , ore, Chairnan
 i

 UrganIzation Member
Carr r Member