ORG. File No. BALT-E-107

                                        Carrier File No. 2-NL-1544 -


Parties Brotherhood of Maintenance of Way Employees

 to and

 Dispute Baltimore & Ohio Railway Company

 Stat~t Claim filed on behalf of Trackman Walter Lyons, Jr., Maryland Division,
 of Claim: for his reinstatement as a result of being dismissed frcm the service
 following a hearing on October 9, 1975, in connection with his being
 absent without permission on Monday, September 29, 1975.

        Findings: The Board finds, after hearing upon the whole record and all evidence, that the parties hrein are Carrier and Employee within the meaning of the Railway LaL~r Act, as amended, that. this Board is duly constituted by Agreement dated October 27, 1976, that it has jurisdiction of the

    _ parties and the subject matter, and that the parties ware given due

        notice of the hearings held.


        Claimant Trackman was dismissed. from service October 29, 1975, =:;lloa~ng an investigation for absenteeism. The Board finds that Clai=m:: was accorded due process. The record provides sufficient evidence to support Carrier's conclusion of guilt.


        rffie Board finds circumstances present which serve to mitigate the discipline imposed. It therefore finds that Claimant should be returned to service with seniority unimpaired and without pay for any time lost sibject to Claimant's passing a return to service physical examination. 7his Award will stand as a "last chance". testimonial and "final" notice

                                                          .

        to Claimant that he and he alone, by his future conduct, will determine his future with this railroad.


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

 A. J. Cunn=gham, Enployee'rE~rer L. W. ks, Carrier Nmuber

                iur T Van Wart, Chairman mid Neutral Pjarer


Issued at Atlanta, Georgia, June 9, 1977.