PARTIES Brotherhood of Maintenance of Way Employees
 TO and
 DISPUTE Atchison, Topeka and Santa Fe Railway Company
 STATEMENT "1. That the dismissalof Southern Division
 OF CLAIM Trackman R. I-I. Wright from service after
 a formal invest iqation was unjust.
 2. That Claimant Wright be reinstated to
 service with seniority, vacation, all
 other rights unimpaired, paid for wage
 loss and/or otherwise made whole."

 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.-

 Claimant Wright was dismissed from service following an investigation held on April 28, 1981. He was found to be responsible for being absent in excess of ten calendar days without an authorized leave of absence.

 From the record of the investigation, in this matter, there is no doubt bu that Claimant was guilty of the charge. However, further careful examination reveals that there was apparently some misunderstanding between the Claimant and his Foreman concerning a medical absence for the period in question. There is no doubt but that the Claimant should
 Ll-2-a-2-2

 _2_

 'have secured a leave of absence for the period involved, but in view of the peculiar circumstances in this case, the Board believes that the discipline accorded him was harsh and unnecessarily severe. For that reason, claimant will be reinstated to his former position with all rights unimpaired but without compensation for time lost.

 AWARD
              Claim sustained in part; Claimant will be

              reinstated to his former position with all -

              rights unimpaired in view of the unnecessarily

              harsh and arbitrary discipline accorded him.

              He will not be paid for time lost.


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


                    1 (~L t ('~ ' 1 1 ' L L


                  I. M. Lieberm n, Neutral Chairman


G M. Garmon, carrier member S. E. Fleming, Employee M.mber

 February 8, 1983
 Chicago, IL