PARTIES) THE ATCHISON, TOPE71LA AND SANTA FE RAIUJAY COMPA:;Y TO ) DISPUTE) B^nOTHERII00D OF MAINTENANCE OF WAY EMPLOYES

 STATEiM1ENT OF CLAIM: Claim .for reinstatement of former Machine p0 erator .Zar es revino, Jr. Southern Division, with seniority, vacation, and all benefit rights restored and compensation for all wage loss and/or otherwise made whole beginning iiarch 27, 1934 continuing forward until claimant is restored to his former position.

 FINDINGS: This Public :.aw Board No. 1582 finds taat tae parties ierf~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 notified by letter dated I-larch 27, 1984, that his seniority and employment with the uarrie-r was being terminated due to his being absent without proper aut:= ority. The claimant was further notified that he could request a formal investigation within twenty days from the date of the notice.

 The Organization contends that tae claimant requested an investigation and that the same be postponed because he was incarcerated at the Texas Department of Corrections and would not be released for 60 to 120 days. The Carrier contends there is no record of the claimant ever requesting a formal investigation and further, there was no reason even if he were incarcerated that such a request could not have been made. Award No. 9859 of the Second Division of the National Railroad Adjustment Board has held that an employee's incarceration does not constitute an unavoidable absence. After reviewing the record, the Board finds no justification for setting the decision of the Carrier aside.

 AWARD: Claim denied.


                        Union Member


                          a rier Member


Dated at Chicago, Illinois April 12, 1985