Docket No. MW 78-105


    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

    of E. R. Boutte was unjustly dismissed on May 2, 1978.

    Claim: 2. Claimant E. R. Boutte shall be reinstated to his former position,

    with pay for all time lost and with all vacation, seniority and all

    other rights unimpaired.


    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 received the following letter dated May 2, 1978:


          "You are dismissed from the service of Southern Pacific Transportation Company for being absent from your employment as Lafayette Division

' Track Laborer without authority from April 24, 1978 through May 1, 1978,
          which is violation of that portion of Rule 810 of General Notice, General

          Rules and Regulations effective October 31, 1976 of Southern Pacific

          Transportation Company, which reads as follows:


              "Employees must report for duty at the prescribed time and place, remain at their post of duty and devote themselves

            '..exclusively to:-their duties during their tour of duty. They.must not absent themselves from their employment without proper authority ...." Please surrender any company property you may have in your possession to roadmaster's office in Beaumont, Texas."


          Cl.aimant-requested a hearing which was granted and held May 19, 1978. As a result thereof Claimant received the following letter from his Division Engineer, in pertinent part, reading:


          "I have reviewed the transcript of the hearing and this is to advise you that position as stated in my letter of May 2, 1978 is sustained."


          The Board finds that Claimant was accorded the due process to which

vqyy- Award No. 2

 he was entitled under Rule 14 - Discipline and Grievances.
 There was sufficient evidence to support the conclusion of Carrier
 that Claimant was proven guilty as charged.

 In view of Claimant's service record, the discipline assessed is found
 to be reasonable. In the circumstances, this claim will be denied.
 AWARD: Claim denied.

 iristie, Employee Member

 C. S. Goyne, Carrie Member

 Alothur T. Van Wart, Chai rman and Neutral Member

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