statement claim of BMWE and Lafayette Division Track Laborer E. Pickett, of Jr., for reinstatement to his former position with all Claim seniority, vacation and 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, a track laborer for over seventeen (17 ) years was dismissed for being absent without authority by letter a dated March 4, 1980.
The Hoard finds that Claimant was accorded the due process to which entitled by his discipline rule.
There was sufficient evidence to support the conclusion reached by Carrier as to Claimant's guilt.
but without pay for time out of service, providing that he successfully passes a physical examination, that he enters both a program and a period of sobriety and that he is approved by the Employee
Assistant Counsellor as being ready for work. Claimant at that time will then be given his seniority and placed in a probationary status for a one year period. If Claimant has not affirmatively responded within thirty (30) days of notification to the aforementioned conditions the Claim will be denied as of that date.