Award No. 20
 Docket No. 57
 BMWE File BALT-E-116
 Carrier File 2-22G-1932
 Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute The Baltimore and Ohio Railroad Company
 Statement Claim filed on behalf of Welder Kevin W. Ellis, Baltimore
 of Division, for restoration of his seniority as a result
 Claim of being dismissed from the services of the Carrier
 following a hearing held on January 28, 1977 at which
 time he was found guilty of unauthorized absences on
 January 11, 12, 13, 14 and 17, 1977.
 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 Agree
 ment dated October 27, 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 Welder had been emplqyed in Carrier's service
 for some two years, when, as a result of an investigation
 held on January 28, 1977, which was held because of Claimants'
 taking unauthorized absences on January 11, 12, 13, 14
 and 17, 1977, he was advised, under date-of February 14,
 1977, in pertinent part:



."Please be advised that you have been
 found guilty as charged and effective of the
 close of business on Tuesday, February 15,
 1977, you will be dismissed from service
 and your name will be removed from the
 seniority roster."
 Here, there is no question as to Claimant's guilt.
 The question is merely whether the discipline assessed
 was excessive. Ordinarily, the Board would not inter
 fere. However, the record reflects mitigating circum
 stances which serve to indicate that Claimant should
 be afforded a last opportunity, but under certain re
 strictions. Consequently, Claimant will be restored to
 service without any pay on a probationary basis for
 a period of eight (8) months. Such probationary period
 does not, of course, deny Claimant any right under his
 discipline rule. Claimant must first pass the necessary
 return to service physical examination. Thereafter, he
 then must meet with his Local Representative and the
 Carrier's designated Representative to review his service
 record in order that Claimant will fully understand his
 responsibility in connection with his requirement to
 protect his position and his obligation to seek permission
 if such were sincerely necessary for any potential absence.
                                            PL6X850


                                          Award No. 20 Page 3


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.


                                          ,


'-reed Wutpel,-Jr1 oyee Member W; C, Comiskey, Carriey Member

                    t ur an Wart, , Chairman

                    and Neutral Member


                      Issued at Salem, New Jersey, April 15, 1980.