Award No. 35
 Case No. 43
 Docket No. MW 80-82
 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 Labprer
 of A. W. Stephens was unjustly dismissed by letter dated
 Claim march 21, 1980.

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, a Laborer on Extra Gang No. 243, was advised
 under date of March 21, 1980:
 "You absented yourself from your job assignment
 at the beginning of your tour of duty without
 proper authority on March 19, which is in


                      'M810. Employees must report for duty at the prescribed time and place... they must not absent themselves from their employment without proper authority..."

                                  page 2


          . Claimant requested a hearing which was granted and held as a resultithereof was advised that the discipline would stand.


          The Board finds. that the circumstances were such that Claimant's tardiness represented a technical violation. Claimant arrived just after 7:00 AM on the morning in question and wan not permitted to board the bus. The Board finds that in the circumstances involved it will


          permit Claimant to be reinstated to service with all'

          rights unimpaired but without pay. However, before

          so doing Claimant is to confer with the Local Union

          and Carrier Representatives in order to clearly understand

          his obligation to protect the requirements of Carrier's

          service. Thereafter, Claimant will be restored with

          the warning that this is his last chance opportunity

          to demonstrate to the Carrier that he desires to work

          for the Southern Pacific Transportation company.


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


M. A.~ hC =istie, Employee Member C. B. Goyne, rrier Member

                  ~C~i-~ lc%a-

                      char T. Van Wart, Chairman and Neutral Member


                      Issued at Wilmington, Delaware, April 1&, 1981.