PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
 TO )
 DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

 STATEMENT OF CLAIM: That the Carrier's decision to remove Los
 n~ Divi~'~ s on Trackman P. W. Trindle from service was unjust;
 That the Carrier now reinstate Claimant Trindle with seniority,
 vacation, all benefit rights unimpaired and pay for all wage loss
 as a result of investigation held April 30, 1985 continuing for
 ward and/or otherwise made whole, because the Carrier did not
 introduce substantial, c=editable evidence that proved that the
 Claimant violated t'he rule enumerated in their decision, and even
 if Claimant violated the rules enumerated in the decision, per
 manent removal from service is extreme and harsh discipline under
 the circumstances.

 FINDINGS: This Public Law Board No. 1582 finds that the parties herein 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 to attend a formal investigation April 24, 1935 in Barstow, California, in connection with an alleged altercation in or around the outfit car at Vidal, California, about 7:30 p.m. on April 3, 1985 to determine his responsibility, if any, in connection with _possible violation of Rules 2, 6, 14, 16, 17, and 31-3 of General Rules for the Guidance of Employes, 1978, Form 2626 Std. By letter dated A?rl1 26, 1985 the claimant was notified that Dursuant to the current Maintenance of ;day Agreement Appendix 11 Letter of Understandin dated'July 13, 1976, his seniority and employment were terminates because he was absent without proper authority commencing April 10, 1985. Pursuant to the formal investigation held April 30, 1985 the claimant was dismissed from the service of the Carrier for violation of Rules 16, 17, and 31-B.

 The Board has reviewed all the testimony of record and the evidence submitted by the parties. After study and deliberation, it is the opinion of the Board that the evidence is insufficient to set aside the finding of the Carrier.

 AWARD: Claim denied.

Dated at Chicago, Illinois
August 19,1985 U1Ti6nem r
                          Carrier Kember'