PARTIES Brotherhood of Maintenance of Way Employes
 _TO and
 DISPUTE: Atchison, Topeka and Santa Fe Railway Company
 STATEMENT "1. That the Carrier violated the current
 OF CLAIM: Agreement when it dismissed Mr. L. D.
 Anderson. Said action being excessive,
 unduly harsh and in abuse of discretion.
 "2. That the Carrier reinstate Claimant to
 his former Carrier position with senior
 ity and all other rights restored unim
 paired with pay for all loss of earnings
 suffered, and his record cleared of all
 charges."
 FINDINGS

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 was absent without authority on December 1, 2, 3, 4, 7, and 8, 1987. Following these absences Carrier terminated Claimant's seniority in accordance with the provisions of the Letter of Understanding dated July 13, 1976,

. 2-7 7y-18~(

which provides as follows:

                "In connection with the application of (Rule 13) of the current Agreement, this will confirm our understanding reached in conference today that, effective October 1, 1976, to terminate the employment of an employee who was absent from duty without authority, the Company shall address, by registered or certified mail, return receipt requested, with copy to the General Chairman, notifying him that his seniority and employment have been terminated due to his being absent without proper authority and that he may, within 20 days of the date of such notice, if he so desires, request that he may be given an investigation under (Rule 13) the current Agreement. Note: effective January 1, 1984, the above understanding is to be applied only in cases where the employee is absent from duty without authority more than five (5) consecutive work days."


    Under provisions of the above quoted letter, Claimant was

    permitted, if he felt he had been unjustly dealt with, to request

    an investigation. In this instance an investigation was

    requested and held on January 21, 1988. At that investigation,

    Claimant admitted that the was absent on the dates in question

    without authority, but indicated that the reason for his absence

    was because he did not have transportation to work.


    The Petitioner argues that Claimant lives some 250 miles from his headquarters point and on occasion had no way to get to work. The Organization argues that the discipline in this casefar exceeded

the n:xLure of the violation arid, ire
 excessive because Claimant had a clear
 incident.-

 The Carrier argues

 such as that presented by

 particular, this was

 record prior to this

 that it cannot tolerate an absentee problem

 the Claimant in this instance. It

 believes that it is correctly using its authority granted under
 the Lett.e r Agreement of July 1976 in the termination in this

 case-

It is apparent to the Board that the investigation requested by the Petitioner in this instance-was-for the purpose for either presenting evidence contrary to the Carrier's findings of absence, or to indicate what mitigating circumstances might have


C3USec1

 argument

 the absences.

 with respect

 In this particular dispute, Claimant hack no

 to the -facts, and his only mitigating

 comment was that he was some 250 miles from work at his residence and had to leave home at three or four in the morning in order to rive at work, on time. As the Board views it, Claimant's e:-;cuse hardly constitutes mitigating circumstances for his absence. His

 employee relationship requires him appearing

 regular basis- In particular, in this instance,

 for work on a

 the six days

 consecutive absence- by Claimant was sufficient to cause Carrier

 to exercise its rights under the July 1976 Letter. be denied.

 The Claim must

27-7q - lgY


AWARD
Claim denied.

 `'t I/-d'''~1.~
 I. M. Lieberman, Neutral-Chairman

 C. F. Foose, Employee Member

 Chicago, I)Ainois April 2,1989

 G. M. Garmon, Carrier Member