Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Southern Pacific Transportation Company
-Texas and Louisiana Lines
Statement 1. Carrier violated the effective agreement on September 20,
of 1976, by dismissing Extra Gang Laborer 7. R. Rossett from Carrier's
Claim: service on the charge that he had been absent from his assignment
since May 14, 1976.
2. Claimant Rossett be now reinstated to service and paid for
all time lost and with all his seniority, vacation and other
rights unimpaired.

        Findings: The 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 Agreement dated March 23, 1977, 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 Laborer on the San Antonio Division, was dismissed from service September 20, 1976, because of his being absent since May 14, 1976, without proper authority resulting in violations of Rules I+-810 and M-811.


        The investigation requested and granted caused no change in

                                            PL r3 Iqa5


· -2- Award No. 10

              discipline imposed by Carrier. Rules M-810 and M-811 in pertinent part provide:


              "M-810 Employee must report for duty at the prescribed time

              and place, They must not absent themselves from their

              employment without proper authority. Continued failure to

              protect their employement shall be sufficient cause for dismissal."

              "M-811 Employees must not absent themselves from their places,..."


            Claimant received due process; sufficient evidence was adduced to support Carrier's conclusion as to Claimant's culpability.


            Unauthorized absence from duty is a serious offense and as here, when proven, generally results in a severe penalty including dismissal from service. The record provides no cause to conclude such decision was arbitrary, capricious or unreasonable.


            This claim will be denied.


      Award: Claim denied.


      A. J. C n ingham, Em ee Member R. W. Hickman, Carrier Member


                                            '


                  Arthur T. Van Wart, Chairman and Neutral Member


                  Issued at Falmouth, Massachusetts, September 7, 1977.