PUBLIC LAW BOARD N0. 1838

' Award No. 17
File MW-SIP-77-100
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company

Statement The Brotherhood requests that Section Laborer J. L. Salyers
of be restored to service of Norfolk and Western Railway Company
Claim with vacation, seniority, and all other rights unimpaired,
and that he be paid for all time lost as a result of being
dismissed.
Findings The Board, after hearing upon the whole record and all evidence,
finds 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 March 1, 1976,
.that it has jurisdiction of the parties and the subject matter,
and that the parties were given due notice of the hearing held.
Claimant, a Section Laborer, was dismissed from service as
a result of his continued unauthorized absence from service
beginning February 26, 1977- up to and including April 18,
1977. The requested formal investigation was held in connection
therewith on May 16, 1977 and as a result thereof Carrier
concluded that Claimant was guilty as charged and the discipline
of dismissal was upheld.
Rule 26 of the Agreement between the parties reads:
"Rule 26 - Detained From Work
An Employee desiring to be absent from service must
obtain permission from his foreman or the proper
officer. An employee detained from work on account
of sickness or for other unavoidable cause shall notify
his foreman or the proper officer as early as possible."

Award No. 17-)63$ Page 2 The Board finds that Claimant was given a fair hearing pursuant to Rule 33 - "Discipline and Grievances".

While there was sufficient evidence to support Carrier's conclusion that Claimant had missed 10 days out of a possible 41 work days the Board does find that there were circumstances which serve to mitigate the discipline imposed. The 10 days that Claimant failed to work were his assigned days off. Such fact does not, per se, excuse Claimant. However, they were such a factor as to be given consideration. In the circumstances the Board will return Claimant to service with all rights unimpaired, but without any pay subject to the usual return to service examination and that he meet with his Local Representatives and the Carrier Representative to review the intent purpose of Rule 26 as well as Claimant's obligation to protect the requirements of Carrier's service. Thereafter, the future of Claimant's employment relationship will be entirely up to himself.

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.

A. D. Arnett, hmpioyee Member G. C. E~war~s, Carrier Member

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rt ur T. Van Wart,-Chairman and Neutral Member issued at Wilmington, Delaware, November 26, 1979.