_ Docket No. MW-82-50


Parties Brotherhood of Maintenance of Way Employees

 to and

        Dispute Southern Pacific Transportation Company (Texas and Louisiana Lines)


Statement
 of Claim: Claim of BMWE and System Machine Operator John Gonzales
 for reinstatement to his former position with pay for
 all time lost with all seniority, vacation and other
 rights unimpaired and his record cleared of all charges,
 alleging unjustly dismissed:

 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 System Machine Operator with Extra Gang 35, had been employed by Carrier for some 31 months when he was advised under date of December 30, 1981 by the Regional Maintenance of Way Manager, in part, as follows:

        "You have been absent from your job assigmu.nt without proper authority from December 17, 1981 to date which is in violation of Rule M810 of the General Rules and Regulations of the Southern Pacific Transportation Company as posted by General Notice.


        For your violation of Rule M810, you are dismissed from service of the Southern Pacific Transportation Company..."

                                    °LB - 2444

                          -2- Award No. 90


Claimant requested and was granted a hearing which was held on January 21, 1982.- As a result thereof, he was advised that the discipline was sustained.
 The Board finds that there was sufficient evidence adduced to support the conclusion reached by Carrier as to Claimant's culpability.
 The Board finds no cause in the record to interfere with the discipline assessed. This claim will be denied.

 Award: Claim denied.

 M. A. Christie, Employee Member C. B. Goyne, C rier Member

                Arthurz Chai-rm

                and Neutral Member


Issued May 11, 1983.