Parties Brotherhood of Maintenance of Way Employes
to and

Dispute Southern Pacific Transportation Canpamj
(Texas and Iouisiana Lines

Statement Claim of BME and Laborer Driver C. D. Baker for all pay of last during period of September 5, 1980 through September Claim 21, 1980 alleging unjustly suspended on September 5, 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 mattes, and that the parties were given due notice of the hearing held.
    Claimant, a Laborer - Driver was advised September 5, 1980:


        "Your absent fen your jab assignment without proper authority on September 4, 1980 which is in violation of R<lle M810... which reads in part:


        'Rule M810. Employees must report for duty at the prescribed time and place..They must not absent themselves fran their employment without proper authority...


        You are suspended from September 5 through September 21, 1980."

Claimant requested and was granted an investigation which was held September 24, 1980. The conclusion reached therefrom was that the discipline was upheld.
                        Page 2 ~yvq --Award No. 45

The evidence adduced -supported Carrier's conclusions as to Claimant's culpability. Claimant's allegations apparently lacked credibility. We find that Carrier's conclusion were not arbitrarily or capriciously reached.

The incident for which discipline was assessed was Claimant's third violation of rule b1810. Hence, in such circumstances, the discipline assessed is held to be reasonable.

ATE: Claim denied.

M. A: Christie, E~rployee rleftiber-_C. B. Goyne, ier Member

                        ~7i


                      Arthur T. Van Y7art, Chairman and Neutral Member


Issued at rahmuth, Massachusetts, June 10, 1982