PARTIES) ATCHISON, TOPEILA AND SANTA FE RAIU';AN, COHPAI
TO
 DISPUTE) ) BROTHERHOOD OF fi !~E OF WAY EMPLOYEES

 DISi 1-YIINTENANVSTATEtAENT OF CLAIM: Claim in behalf of former Trackman P. L.
 Se;ovia, Los P.nge es Division, for reinstatement to his,' former
 position with seniority, vacation and all other rights unimpaired
 and compensation nor sage loss beginning Aovember 22, 1974 con
 tinuing forward to date that he is restored to service.

 FINDINGS: This, Public Law Board No. 1582 finds that the parties h~n are `ur_'i.=r and TimployeC within the meaning of .`he Railway Labor Act, as aa-nended, and that this Board has Jurisdiction.

 In this dispurc the Organization contends that the dismissal of
 the claimant oas Improper and that the discipline assessed was '
 e.ice53ive. The ri'_ai421izatiC11 contend-. that ht ..,. Tai 2V'idence
 of record to ind=sate that the claimant received the not =ce of
 the nvestigatU~n.

 mho O-gani7..at'1on points up that the claimant°~ ,?!ace ·.)f residence is only a short distance from the Division ~f~ic= wiera the invest-Ua~iCn K-:as held. The Organization also -zoin~:a _,:. t^ at the assistant General Chairman and ;oca1 Chairman reside in the area but no effort teas mada to contact them regarding the investiatton.

 The Carrier discharged the claimant for being absent from duty without proper aataor_cy. The claimant :ads notified )y certified mail to a?pear for the investigation on Yovember 15, l.9t?4.

 The claimant 'aa.^_' been assessed demerits on four prior occasions for the same violation during the thr_~e year period he had been employ=d b,, the .:arrier. The claimant had also been _eprimanded ors September 26, 1974 for insubordination.

 The Carrier notified the claimant of the investigation by certified mail at his last address on file with th-;.,arrier. The Carrier is not under obii.ration to go to the claimant`s home and talk to him peracnally or to call the Local Chairman or rile ~.=;~i5tant General Chairman and notify them an investigaticn is ZoLn? t~ be held.

 The claimant has ., respcnsibility in this matter :=c, notify the Car-
 ...- 2 ae ':i1:'~;~.., a delay u.n tai°_ 1nve;>ti~,ac:=r,,;: ;)= C:: f)0. }:resent with the reprcsantative of his choice. It is obvious the claimant herein was a;a re chat the investigation was going, to be held and
                                            Award No. 49

                                            page 2


dwd not indicate an interest in being present. Under those circLz:3fiances, there is no Justification to overrule tire decision of ;:=x3 '-.~rrier.

    ~~~ C1sim een'_ed.


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                            '7d.

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