File MW-STL-85-7


Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Norfolk and Western Railway Company

 Statement
 of Claim: Claim on behalf of K. L. Harris requesting that he be
 reinstated and paid for time lost as a result of his
 dismissal for failure to perform duties properly as a
 machine operator for being absent from work without proper
 authority.

 Findings: The Board has jurisdiction of this case by reason of
 the parties Agreement establishing this Board.
 Claimant Machine Operator requested and was granted a
 one month leave of absence to take care of personal
 problems. He was granted the leave with the specific
 understanding that he would report back to duty on April 8,
 1988. Claimant failed to report for work on April 8. He
 did not telephone anyone connected with the railroad. In
 fact, Carrier attempted to call Claimant and found that his
 number on file had been disconnected. On April 15, Claimant
 called Carrier and advised that he was ready to return to work.
 He was told that he could not return until an investigation
 was held for absenting himself from work without proper
 authority from April 8-14.
 Following a formal investigation in connection with the
 absences Claimant was found guilty and discharged from
 service as discipline therefor.
 Claimant was accorded the due process to which entitled.
 There was sufficient evidence to support Carrier's
 conclusion as to Claimant's culpability.
 The Board will grant Claimant a conditional
 reinstatement with all rights unimpaired but without pay for
 time out of service. He is to be placed in a probationary
 status for one year. This is his last chance opportunity to
 demonstrate to the Carrier and to the Union that he wants to
 be a full time employee and that he has licked his problem.
 Award No. 101 -/7(oa

 Award:. Claim disposed of as per findings.

        Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


~ns Jr., o ee Member

                    ~G.


    A ur T. Van W. and Neutral Member


Issued Augustu 30, 1989.

 . ,F. ' Miller, C rier Member