STATEMENT OF CL .AIM: 1.. That=Carter's- decision to remove System
 Steel, E. J: Morris from. service- was Ainjust.

 2. That the Carrier zLOwreinstafe -Claimant Morris with. seniority, vacation, all
 benefit rights unimpaired and pay for all wages lost as a result of an investigation
 held August 17, -1995, at-3:00 P.M., continuing forward and/or otherwise made
 whole, because the Carrier did notiatrtrodu~eulstantlal c_re_dible evidence that
 proved that the Claimant violated the-ruled enumerated in their decision, and even
 if the Claimant violated the rules enumerated in the -decision, removal from service
 is extreme and harsh discipline under the circumstances-

3. That the Carder_violated the Agreement particularly but not limited to Rule 13 and Appendix 11, because the Carrier didnot introduce substantial, credible evidence that proved the Claimant violated the rules- enumerated in their decision.


FINDINGS: This Public Law Board No. 4244 (the "Board") finds that the parties herein are Carrier and. Employee-within the meaning-of the- Railway Labor Act, as amended. Further, the Boardhasjurisdiction-over the parties and the subject matter involved-



In this dispute System Steel gang member E_ L .-Morris-Tthe-"Claimant") was absent without authQrity June 5, 6, 7, 8, 9-and 12, 1995. He wasnotfied in a letter dated July 6, 1995, -that his seniority aricremployment were terminated because of his absence without proper authority for more than five consecutive work days. The Claimant was alsoadyised that he could request a formal investigation within twenty days of the_dateof the letter. The-request was. made-by the Claimant through his designated representative from the Organization. The Carrier then notified him to attend a formal investigation on August 17, 1995, concerning his alleged absence> without proper authority for more than five consecutive work days beginning-Junes, 1995, in possible violation of Rules 1.15 and 1-16 of the Safety





and General Rules_ fo_r_ AII_Employees, Form 2629 standard,- effective September 30, 1994, and as revised. -As-aresult.of the_invesugatiori ;~e Carrier determined that the Claimant violated-the cited-rules~and he was issued a_Level-6 removal from services

    In summary, the record shows that the Claimant did not -appear for the formal

investigation. Hence, the Board finds 1hatthe discipline assessed the Claimant will
 not beset aside. _ . _ _ _ _ _ ___ ~.~_:_ - _

 AWARD: Claimdenied.- __ T .

                        an . Fisher _~ -`~... ~_, , ..

                  Chairman an Neutral Member _


                                                      .


                                        W~


      Clarence F. Foose _ __ ._riffin -

      Organization Member - zief Member -


Dated: 7k< 9g ,-. ,
 Fort Worth, Texas