PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMYAIIY '
 TO )
 DISPUTE) BROTFERHOOD OF MAINTEV[.NCE OF WAY EhiPLOYES

 STATE:fENT OF CLAIM: Claim that former Trackman Andrew As:iloy,
 Albuquerque on, be reinstated with seniority, vacation,
 all rights unimpaired and pay for all wane loss commencing
 January 5, 1984, continuing forward and/or otherwise made waole.

 FINDING: This Public Law Board No. 152 finds that the :arties
 ~~e n are Carrier and employee within the meaning of tae ailWay
 Labor Act, as amended, and that this Board has jurisdictioi..

 In tais dispute tile claimant was notified by letter dated Jar.·uary 5, 1984, that his seniority and amployment with the Carrier had been terminated for :us absence without authority cv.:ntxan cin~ Lece;aber _3, 1933, in excess of ten calendar savs .;ithout for-nai leave of absence. Tae Carrier further notified the claimant in this letter that he could request a forwal investigation, and the formal investigation requested by the claimant .ram held on January 20, 1934 at Winslow, Arizona.

 The claimant testified that on Friday, the 23rd of December, he did not work because the foreman told him to go i:ome. He testified that that day when he showed up for work the foreman sent hii7 home because he "was hang over that day." Ile further testified that he called in on Monday, and did not report for work or. Tuesday, December 27, because he was in jail. The claimant testified that he went to the "Medicine hIan" on December 28, but dit not report for work.

 The evidence indicates that the last day the claimant actually worked was December 22. The claimant did not request a leave or absence. The Organization has cited several reasons why the decision should be overturned. All of those reasons have been taken into consideration.

 There can be no doubt the claunant had a language problem. There was a barrier in communications and it was necessary for the translator to communicate with the claimant. Witness T. E. Ui11iams was allowed to testify regarding a telephone conversation between the claimant and Track Supervisor Marostica. There is no evidence that Witness Williams was on the telephone and :ieard the conversation. In the absence of such evidence the testimony which she gave regarding the claimant's conversation with Track Supervisor Marostica should be disregarded.
 PLB - 1582 Award No. 306

After reviewing all the evidence and all the circumstances involved, it is the opinion of the Board that permanent dismissal is unjustified under the circumstances. The Carrier is directed to reinstate the claimant with seniority and all other rights unimpaired but without pay for time lost.

 AWARD: Claim sustained.

 ORDER: The Carrier is directed to comply with this award within tM=rty days from the date of this award.
                      ``' I.LlZ.%~ '~k~. __

                        reF-stonv 7. Moore, airman


                                !-r·~-

                            2

                        Un`ion Member


                        Cwf-r:L'&r Member


Dated at Chicago, Illinois
 April 12, 1985