Docket No. MW-82-191


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. Track Laborer A. Brown for
 reinstatement to his former position with all
 seniority, vacation rights and other rights
 accruing to him unimpaired, in addition to all
 compensation lost commencing July 19, 1982 and
 to run concurrently to 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 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 almost three years was advised under date of July 19, 1982 by the Assistant Regional Engineer, in part, as follows:

        "You are dismissed from the service of Southern Pacific Transportation Company effective July 19, 1982 for being absent from your employrtent.without proper authority July 14 through and including July 16, 1982. This is in violation of M-810 of the General Notice of the General Rules and Regulations of the Southern Pacific Transportation Company effective April 1, 1978 which reads in part as follows:


        'Rule M-810. Employes must report for duty at. the prescribed time and place ...they must

                                    PI,B No. 2444

                          -2- Award No. 96


        not absent themselves from their employment without proper authority-continued failure by employes to protect employment shall be sufficient cause for dismissal..."'


A formal hearing was requested, granted and held on August 31, 1982. Claimant was thereafter advised that the record supported Carrier's conclusions and that the discipline, as assessed, was sustained.
 The Board finds that Claimant was accorded the due process to which entitled.
 There was sufficient evidence adduced, including the admissions of Claimant to support the conclusions reached by Carrier as to Claimant's guilt.
 In view of Claimant's previous three dismissals the discipline assessed is found to be reasonable. This claim will be denied.

 Award: Claim denied.

                              v

ill ,a- , ~

FI. K.Christie, Employee Member .dyne, Carr' Member

                Arthur an art, airman

                and Neutral Member


Issued October 21, 1983.