PUBLIC LAW BOARD NO. 2444

Award No. 34
Case No. 47
Docket No. MW 80-74
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 Laborer
of Donald N. Stamps was unjustly dismissed on March 5,
claim 1980.

2. Claimant Stamps shall be reinstated to his former position with pay for all time lost, 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 notics of the hearing held.
Claimant, a Laborer is Houston Division Extra Gang 243,
was notified, under date of March 10, 1980 by the Regional
Maintenance of Way Manager as follows:
"You were instructed by Foreman Al Hahn on
March 5, 1980 to unload anchors from the truck,
and you stopped during your job and went to
the bus and sat down and ate your lunch at
10:15 AM. You were absent from your job assignment
without proper authority which is in violation

' of Rule M811 of the General Rules and Regulations of the Southern Pacific Transportation Company. Rule M811 reads in part as follows:

L(/L/U - Award No. 34

Page 2

'Rule M811: Employees must not absent themselves from their places .... without proper authority.'

For your violation of Rule M811., you are dismissed from the service of the Southern Pacific Transportation Company..." A hearing was requested and granted and held on March 25, 1980. As a result thereof Claimant was advised under date of March 21, 1980 that the dismissal as outlined in the letter of March 10, 1980 would stand.

The Board finds that Claimant received'the due process to which entitled under his discipline rule.

There was sufficient evidence adduced to support the conclusion reached by Carrier.

In view of Claimants short period of service with Carrier the Board finds that the discipline assessed is reasonable. This Claim will be denied.

Acrd Claim denied.

'M."'A. tie, Employed Man or C. B. Goyne, ier Member

L%/

4~z~?z ~tc

Arthur T. Van Wart, Chairman

and Neutral Member

Issued at Wilmington, Delaware, April 16, 1981.