Carrier File No. 2-NCY-1513


Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Baltimore end Ohio Railroad
 Staterrent Claim filed on behalf of Welder Helper Clarence V. Ridgley for restora
 of Claim: tion of his seniority unimpaired and reimburserent for all time lost at
 the applicable rate of pay as a result of the discipline of dismissal
 administered to Mr. Ridgley follovring a hearing held on Decenber 31,
 1975 on charges of refusing to follow instructions of the sunervisor
 and absenting himself from duty without authority at approxiretely
 12:30 p.m. on December 17, 1975.
 Findings: 9he 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 Agreerent dated Octcbex 27, 1976, that it has -jurisdiction of the
 le a and the subject matter, and that the tees were given due
 notice of the hearings held.
 rlai zant Welder Helper, as a result of an incident on Dece-ber 17, 1975,
 was given a notice of investigation to be held December 31, 1975 and
 charged with:

        " ..absenting yourself from duty without authority at approximately 12:30 p.m. on Decenter 17, 1975, and refusing instructions given you by the Welder."


        As a result thereof, Cl aimant was found guilty as charged and was dismissed ft-cm service as discipline therefor effective January 20, 1976.


          r1he Board finds that Claimant received due process.


          Sufficient evidence, including Claimant's admission, was adduced to support Carrier's conclusion that Claimant had, in fact, refused to follow his Welder's instructions and that he had absented himself from duty without authority on December 17, 1975.


          Claimant's record indicates that the absenteeism herein was but one of many such incidents. It acts against mitigation of the discipline

                                          PL 6 1850


                          -2- Award No. 4


          inposed. The Board finds no reason to warrant a change in the discipline imposed and denies the claim.


Award: Claim denied.

 A. J. CunL ningham, Employee YjaTber L. W. Burks, carrier hksnber

                    Ur T. Van Wart, Cna,rman and Neutral Y4aber


                    Issued at Atlanta, Georgia, June 9, 1977.