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                  Public Law Board No. 2203


      PARTIES Brotherhood of Maintenance of Way Employes

      _TO

      DISPUTE: and

      Consolidated Rail Corporation

      STATEMENT 1. Carrier violated the Rules Agreement effective

      OF

      CLAIM: December 16, 1945, as amended, particularly Rules

      5-A-1, 5-E-1 and the January 26, 1973 Agreement,

      when it assessed discipline of dismissal on

      Trackman Gary R. Williams, January 5, 1978.

      2. Claimant's record be cleared of the charge

      brought against him.

      3. Claimant be restored to service with seniority

      and all other rights unimpaired, and be compen

      sated for wage loss sustained in accordance with

      the provisions of Rule 6-A-1(d), with restoration

      of benefits.

      FINDINGS: Claimant was dismissed for absenteeism without

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                        0 3 - 14W /~


permission on eight working days in September and October 1977. In view of his admissions that he was absent without permission and his prior record of numerous unauthorized absences in 1974, 1975 and early 1977, no ground is found for setting aside Carrier's decision. No objection was raised at the hearing because of any delay or procedural error and the record does not show that

 prejudicial error was committed..

 AWARD : Claim denied.
 Adopted at Philadelphia, Pa., ;, ~e:=G- l~ 1979.
 f~
 Harold M. Wefftoa,_,~hairman

XJ

    Carrier Member Employe Member