PAPTIES) TILE ATCHISON, TOPEKA AND SANTA FE RATLWAY COMPANY TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

 STATEMENT OF CLAIM: Claim in behalf of former Trackman F. H. Carreon
 o£or reinstatement with seniority, vacation and all other rights unim-
 paired and compensation for any wage loss beginning August 1,3, 1977
 continuing forward until he is restored to service.

 FINDINGS: This Public Law Board No. 1582 finds that the parties
 Ferei are Carrier and Employee within the meaning of the Railway
 Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute claimant was dismissed from the service of the Carrier pursuant to a formal investigation held July 5, 1977. Claimant was found guilty of violation of Rule 15 which necessitates employees to report for duty as required, and further that employees must not absent themselves from duty without proper authority.

 The claimant himself testified he requested permission to return to Mexico and that his supervisor advised him he would investigate and see if the claimant could go. The claimant further testified that he later returned to the office of the sup ervisor, but the supervisor was out and so he left for Mexico. The Claimant also testified that the supervisor did not tell him he could go, but that he just had confidence that the sup ervisor would fix it up for him, and he left. The claimant testified he realized he needed permission to be away from his assignment.

 The Board has examined the entire transcript and all of the evidence of record. The evidence is clear and convincing that the claimant was guilty of violating rules, and under the circumstances herein there is no justification to overrule the decision of the Carrier.

 AWARD: Claim denied.


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