File No. MW-77-15


Parties Brotherhood of Maintenance of Way Employees
tc, and

Dispute Southern Pacific Transportation Company
-Texas and Louisiana Lines-

statement 1. Carrier violated the effective Agreement, on November 12,
of 1976, by improperly dismissing from service Machine Operator
Cl:,im: Helper Jackie Menard.

        2. Claimant Menard shall now be reinstated to his former

        position with all seniority, vacation, insurance coverage, and

        any other rights accruing to him, unimpaired, and with pay for

        all time lost, on this account.


        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, an Extra Gang Laborer on the Lafayette Division, was dismissed from service November 12, 1976, for absenting himself from his employment on November 3, 4, 11 and 12, 1976, resulting in violation of Rule 810 which in pertinent part provides:


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

- ,. PLG )qa5

-2- Award No. 11

              and place, They must not absent themselves from their

              employment without proper authority... Continued failure by

              employees to protect their employment shall be sufficient

              cause for dismissal...''


            Claimant was accorded due process and no procedural error is raised to bar our review of the case on its merits. The transcript supports Carrier's conclusion. In fact, it reflects therein that Claimant admitted being absent and being without authority therefore.


            Claimant's service record provides no reason for modification of the reasonable discipline imposed and the claim will be denied.


      Award: Claim denied.

      11~-.OOJO.-A,

      A. J. C ningham, ip yee Member R. W. Hickman, Carrier Member


                                  i ~


                      Art ur T. Van Wart, Chairman and Neutral Member


                      Issued at Falmouth, Massachusetts, September 7, 1977.