AA 47ARD NO. 01
 ^ Case 1?O. %1





STATE?vtJ`?2 OF CLAIM: Claim in behalf of former Trac'om2n R. S. Villines, M-'doie Division, for reinstatement with seniority, vacation and all other rights unimpaired and compensate him for all wage loss beginning December 1, 1975 and continuing forward until he is, restored to service.

 FINDINGS: This Public Law Board No. 1582 finds that the parties ,;=raia 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 dismissed from the service of the Carrier for ' his alleged V1.01 at7.On of Rule 13' CJC1iCh states that employees must not be absent from duty without proper authority, a-d :.,:en authorized absence is in excess of ten calendar days, entire amust be authorized for -formal have of absence exceot --For scheduled vacation period.

 Evidence o` record substantiates the fact that claimant did not request leave of absence and that he was absent for 2 period is excess of tan calendar days. Therefore there can be no question but claimant violated the Agreement. However under the circu«.st2aces herein, i,e., the Claimant having been injured and thinking he would be returned to :iOrK iR ten days instead of sixteen days, it is the opinion of the Board that O?_L:u?2nent dismissal i S t00 harsh. Therefore it i S the findi^g of the Board -that clai.mant should be reinstated with seniority and ail other rights unimpaired but without pay for timce Lost.

0°DER: The Carrier is directed to comply with this award within "._rty days from the date of this award.

                                ~25::Oe1 ,I . ~°-, 1 .:12='t^a


                                        n


                                            l i