7''-.. ~:',) ATCHISON,
 TOPEKA AND SANTA FE RAILWAY COMPANY
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 ' ~~11'=) rROT11ERN00D OF MAINTENANCE OF WAY 03TPLOYELS .

 "-'.':.7.~''ciT OF CLAIM: Claim in behalf, of Clarence Gullick, former tr,~.c_iman, Eastern Division, for reinstatement and compensation for a·^^e loss beginning December 5, 1974.

 r1NDINGS: This Public Law Board No. 1582 finds that the patties
 :.-~_ain are Carrier and Employee within the meaning of the Rail_ay
 L.7-,or l,ct, as amended, and that this Board has jurisdiction,
 I_: this dispute the claimant was notified that an investigation eras, '-.
 'ding held to determine his responsibility for being absent from
 Diork without authority. On the date of the investigation claimant
 c;as not present, and the hearing eras closed at 10:45 a.m. Sometime
 thereafter claimant called Emporia from his home in Independence,,'
 t;h_ch is approximately 112 highway miles away, and requested that the
 haring be delayed. He advised he had had car trouble and would not,
 ba prmsent.

 Tlic: hearing had already been closed, and it is apparent the claimant ia;.d not made an effort to be present since he was 112 miles az;ay from e:'-:sre the hearing was held.' The claimant has a story which vari--s s~-.':)stantially from the testimony of.the foreman. There may be'a ccnf_ict o-= personalities. However, other evidence supports the foreman's story, such as a wire dated December 8--wherein the-foreman.stated the c=;?it;ant walked off the job site at 10:00 a.m. and did not -return to ;;oi:c the -rest of that week. '

 'M= cic imam. had about 14 months seniority, and under the. circmstances - . ~_iae Toad finds no justification to overrule the decision of the Carrier.
 AL=.D: Claim. denied.

Preston J~foore, Chairman

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Organization Mem e~p'

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 Carri Member