Parties Brotherhood of Maintenance of Way Employes
 to and

            Dispute Southern Pacific Transportation Company (Texas and Louisiana Lines)


            Statement Claim of BMWE and Laborer Driver E. C. William for reinstate-

of meet to his former position with all seniority, vacation righcs
 Claim: other rights unimpaired, in addition to all
 compensation lost commencing February 16, 1981 and to run
 concurrently until such time he is restored to service,
 alleging unjustly dismissed.

 Findings The Board, after hearing upon the whole record and all
 evidence, finds that the parties herein are Carrier axed Employee, within
 the meaning of the Railway Labor Act, as d, that this Board is
 duly constituted by Agreenent 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/driver on extra gang 120 on the Schriever District, had been employed for four years. He was advised, under date of February 23, 1981 as follows:

        "You axe dismissed from the service of the Southern

        Pacific Transportation Company for being absent

        from your s:ployment as Lafayette Division Track

        Laborer without proper authority on y 14,

        1981, which is in violation of gilts M810 of the

        General Rules and Pegulatirns of General Notice

        effective April 1, 1978, of the Southern Pacific

        Transportation Company which reads as follows:


        'Rule M810. Ehployeii must report for duty at the prescribed time and place ...They mist not absent themselves from their estplayment without proper authority ...."

                        Page 2 ,ptlqq - Award No. 56

Claine_t requested and was granted a hearing which was finally held on March 19, 1981. As a result thereof he was advised that the discipline assessed was sustained.

The Hoard finds that Claimant was accorded the due process to which entitled under his discipline rule.

n-vere was sufficient evidence to support the conclusion reached by Carrier..

. The Hoard finds that there are circumstances which cause the discipline assessed to be excessive. Therefor, Claimant will be returned to service with all rights unimpaired but without pay and placed is a probationary status for six months.

Ate: Claim disposed of as per findings.
 Clue: Carrier is directed to make this Award effective within thirty
        (30) days of date of issuance shoRVn below.

        arJ.

        layee Macber . H. Goyne. Manber


                d_

                      ArtImir T. Van Wart, Cha; TTnan and Neutral Meter


                      Issued at Wi bdng+on, Delaware, May 29, 1982.