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 when Track Laborer Jessie
 of B. Shaw was unjustly dismissed January 22, 1979.
 Claim: 2. Claimant Jessie B. Shaw shall be reinstated to his former position
 with all seniority, vacation rights, insurance coverage and any other
 rights accruing to him unimpaired in addition to all compensation
 lost commencing the date that he is released by his physician to
 return to service and to run concurrently until Mr. Shaw is restored
 to service.
 Findings: The Board, after hearing upon the whole record and all evidence, finds
 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 July 19, 1979, that it has jurisdiction of the parties
 and the subject matter, and that the parties were given due notice of the
 hearing held.
 Claimant Track Laborer Shaw was dismissed by his Division Engineer on
 January 22, 1979 for "your failure to comply with instructions contained
          in my letter of January 12, 1979 .... for being absent from your employment

_. as track laborer, Lafayette Division, without proper authority on
          January 18 and 19, 1979, which is a violation of Rule M810..."


          Claimant requested and was granted a hearing which was held on February 14, 1979. Claimant was advised on February 20, 1979, that:


            "I have reviewed the transcript of the hearing and this is to advise you that the position as stated in my letter of January 22, 1979 is sustained."


          The record reflects that Claimant sustained an on-job injury to his left

' Pagg 2 GYYq- Award No. 18

          foot on November 13, 1978. As a result of Claimant's treatment by several physicians, the exchange of correspondence in connection therewith, including the advice that he was okay for light duty, it would appear a misunderstanding arose and Claimant failed.to respond when instructed to do so by his supervisor.


          In the particular circumstances involved herein, and absent a showing that Claimant was or is physically able to work, the Board will reinstate Claimant to service with all rights unimpaired, but without any pay for time out of service, subject to his passing the necessary return to service examinations.


Award: Claim disposed of as per findings.
 Order: Carrier is directed to make this Award effective within thirty (30)
 days of issuance shown below.

 M. A. Christie, Employee Member . . oyne, Carr r Member

                    Ar ur T. Van Wart, Chairman and Neutral Member


                    Issued at Salem, New Jersey, February 7, 1980.