PARTIES Brotherhood of Maintenance of Way Employees
 TO and
 DISIsUTE The Atchison, Topeka & Santa Fe Railway Company

 STATEMENT "l. That the dismissal of Valley Division Trackman T.L. Wiley was unjust.
 OFCAIM

Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.

 The record indicates that Claimant herein was injured while on duty on May 2, 1988. Subsequently, he was operated on for herina which was the result of the injury incurred and was granted a leave of absence to recover from the surgery for the period from June 16 to September 16, 1980. The record indicates further that upon expiration of the leave of absence on September 16, 1980, Claimant neither asked for a renewal of the leave nor reported for duty. Hence, following an investigation held on October 6, 1980 Claimant was dismissed from service for absence from duty without proper authority.

 The record indicates that Claimant, a relatively new employee, had no representation at the inves ti gation. Further, his understanding of Carrier rules was, at best, sketchy. His total comprehension of the implications of the leave of absence (even due to onthe-job incurred injury) was minimal. The record also notes that for a period of some thirty-six days (from June 16, 1980 until July 21, 1980) Claimant did not have a leave of absence but one was prepared for him after the fact by Carrier's supervior.

 After careful review of the record, the Board is convinced that the penalty imposed in

this instance, even though for a clear violation of Carrier rules by Claimant, was harsh and arbitrary. Dismissal under all the circumstances of Claimant overstaying a leave of absence incurred because of a work connected injury seems totally improper. On the other hand, Claimant must learn to live within the rules of Carrier and cannot be expected to be permitted to ignore them in the future. Thus, the Board concludes that Claimant shall be reinstated to his former position with all rights unimpaired but without pay for time lost as a more appropriate penalty for the infraction. A14ARD
        Claim sustained in part; Claimant will be reinstated to his former position with all rights unimpaired but without pay for time lost.


ORDER
        Carrier will comply with the Award herein within thirty (30) days from the date hereof.


                  I.M. Lieberman, Neutra - airman


%~'.` .rr~itrcrci
 G.M. Garmon, Carrier Member . . Fleming, Employee lember

 January , 1982 Chicago, IL