MEMBERS OF THE BOARD


                        Employes' Member: C. F. Foose

                        Carrier Member: D. A. Ring

                        Neutral Member: John B. LaRocco


                  ORGANIZATION'S STATEMENT OF THE CLAIM


· 1. That the Carrier violated the current Agreement when it dismissed
Track Laborer M. Tsosie. Said action being excessive, unduly
harsh and in abuse of discretion.
2. That the Carrier shall now be required to reinstate Claimant to his
former Carrier position with seniority and all other rights restored
unimpaired with pay for all loss of earnings suffered, and his
record cleared of all charges.
Public Law Board No. 3241 Page 1
Case No. 40, Award No. 40

                    OPINION OF THE BOARD


This Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employe within the meaning of the Railway Labor Act as amended; that this Board has jurisdiction over the parties and the subject matter of the dispute herein; that this Board is duly constituted by an Agreement dated July 23, 1982; and that all parties were given due notice of the hearing held on this matter.

Pursuant to notice dated August 4, 1989, the Carrier charged Claimant with being absent without proper authority from July 17, 1989 through August 2, 1989. Claimant did not appear at the August 11, 1989 investigation. The Track Supervisor of Gang 9210 testified that Claimant, a Laborer, had last worked with the gang at Elko, Nevada on July 14, 1989. Since that date, Claimant had not reported to work and had not contacted Carrier to mark off absent. The supervisor asked Claimant's brother, who also worked on the gang, about Claimant's absences. Claimant's brother responded that he did not know Claimant's whereabouts and he believed that Claimant quit his employment with the railroad.

This Board must uphold the Carrier's decision to dismiss Claimant from service. He was absent without proper authority for a prolonged period of time without contacting the Carrier. The Carrier made a good faith attempt to try to locate Claimant but even Claimant's brother was unable to shed any light on Claimant's physical location. Due to his short length of service (the Carrier hired Claimant on November 3, 1988), this Board finds no reason to disturb the assessed discipline.

Public Law Board No. 3241 Page 2
Case No. 40, Award No. 40

                    AWARD AND ORDER


      Claim denied.


      Dated: April 16, 1993


-e, - -

C. F. Fo se D. A.
      Employees' Member Carrier em er


                      John B. LaRocco

                      Neutral Member


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