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                        Public Law Board No. 2203


          PARTIES Brotherhood of Maintenance of Way Employes

          TO

          DISPUTE: and


                    Consolidated Rail Corporation


          STATEMENT 1. Dismissal was unjust, arbitrary and harsh for ,

          OF

          CLAIM: the offense.

' 2. Carrier shall reinstate Michael J. Holt with
 r
 seniority, vacation and all other rights unimpaired,
 and payment for all time lost.
 FINDINGS: Claimant is one of the employes on the bus who failed
 to go to work when ordered to do so by'Supervisor
 Newcomer and Foreman Fleming on the morning of Octo
 ber 11, 1977. The incident is considered in greater
 detail in our Awards/+Ag in Cases 14-18. '
 Claimant was dismissed after a hearing had been held
          in the matter. Subsequently do December 7, 1977, he was offered

          reinstatement on a leniency basis, but persisted in his appeal from

-- ., . . . ~~0 3 _ 14, ., n ,

        the dismissal decision. On March 13, 1978, the beginning of the work season (his whole gang had been on furlough status from January 3, 1978 to March 13, 1978), claimant returned to duty after having been out of service from October 11, 1977.

        We find no persuasive basis for interfering with the discipline. imposed on claimant and awarding him back pay. He did not seek to explain his failure to comply with orders on the ground of illness until after he had been removed from service. That explanation_ however, was taken into consideration when Carrier offered leniency and permitted him to return to work.


        AWARD : Claim denied.


                  Adopte t Philadelphia, Pa., !~ 1979.


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                      Harold M. Weston, Chairman


          .1

          Carrier M er Employe Membe~