PUBLIC IAW BOARD NO. 1760

Award No. 3
Case No. 3
· File No. W-WR-75-3
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Ccapany
(Former Wabash Railroad)

Statement 1. The Carrier violated the provisions of the effective Agreement

of Claim: in the hearing held on August 29, 1975, at Fort Wayne on B. A. Smith,

Machine operator on 7t-6 tie gang as provided in Rule 20.

2. Claimant B. A. Smith be paid hour for hour for all time lost, at his respective rate, because of the violation of our Agreement, dated December 1, 1963.

Findings: The Board finds, after hearing upon the whole record and all evidence,
' that the parties herein are Carrier and Employee within the meaning of

the Railway Labor Act, as amended, that this Board is duly constituted

by Agreement dated February 2, 1976, that it has jurisdiction of the

parties and the subject matter, and that the parties were given due

notice of the hearings held.

Claimant Machine Operator failed to report for work on August 14 and 15, 7975. Claimant was given a five day actual suspension as discipline for his unauthorized absence therefore. He requested an investigation which was given and it upheld the discipline originally imposed.

The Board finds that Claimant was accorded due process arxi was capably represented. The transcript of investigation provided sufficient evidence to support Carrier's determination that Claimant was derelict in ccmplying with his obligation to protect his position, or in the alternative if unable to do so to have advised Carrier.-

In the circunstances, we find that the discipline imposed was reasonable. Consequently, we shall deny this claim.

Award: ' denied.
A. J' iingham, Ehp yee NLmter Edwards, Carrier M-~mber

ur T. Van Wart, Chairman and Neutral Member

Tsstxed at Atlanta. rrrmia. NGzv 29. 1.977.