PARTIES) THE ATCHISON, TOPEKA YUVD SANTA FE RAIL'·J.I'-_Y CUiIPAAY TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY Elff'LOYLES

 STATEMENT OF CLAIM:

 1. That the Carrier violated the Agreement between the parties by unjustly discharging Colorado Division Trackman Ray Silva from service effective July 5, 1979.

 2. That the Carrier now reinstate Traclcman Silva to service with
 seniority, vacation and all other rights unimpaired and that he be
 compensated for all wage loss suffered account the Carrier's wrong
 ful action.

 FINDINGS: This Public Law Board No. 1532 finds that the parties
 er~re Carrier and Employee within the meaning of tae Railway Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the claimant had been an employee since March 5u, 1977 and was terminated for beinj absent without proper authority fruit, June 24, 1979. The claimant was terminated July 5, 1979 and requested a formal investigation. Pursuant to the investigation the claimant was terminated for being absent in excess of ten days without proper authority.

 The Board has carefully examined the transcript of record and considered the position of the Organization. This case differs from Award No. 128 of this Board in that herein the Carrier was not aware that the claimant was unavailable for service.

 The evidence establishes that the claimant was absent without authority in violation of the rules, and with the claimant's poor remora and short tenure of service, there is no justification to overrule the decision of the Carrier.

 AWARD: .Claim denied.



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