Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute: Norfolk and Western Railway Company
 Statement Discipline - D. L. Hall - Request for reinstatement on a leniency
 of basis. (File MW-SD-79-3)
 Claim:
 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 was dismissed from service as discipline for his absenteeism.
 An investigation was requested and held. However, nothing was adduced
 thereat that gave cause for Carrier to change the discipline assessed.
 Claimant was accorded the due process to which entitled under his
 discipline rule. There was sufficient evidence to support Carrier's
 conclusion as to Claimant's guilt.
 The Board finds justifiable cause to reinstate Claimant with all rights
 unimpaired but without pay for time out of service and that he be
 placed on a one (1) year probationary status. He is now afforded his
 last chance to demonstrate that he wants to work for the Carrier. If
 during this probationary period, Claimant fails to protect the require
 ments of Carrier's service and is unable to furnished justifiable cause
 to Carrier, Claimant's probationary status will terminate. Thereafter
 he will be subject to whatever degree of discipline the Carrier desires
 PLB 1838 Page 2 Award No. 49

Award: Claim disposed of per findings.

Z~e- , /'T . 12;~
 A. D. Arnett, Employee Member G. C. Edwards, Carrier Member

                    Issued at Wilmington, Delaware, March 13, 1981.