PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
 TO ) - _ - v =-
 DISPUTE ) BURLINGTON NORTHERN RAILROAD COMPANY
 STATEMENT
 OF CLAIM: Claim in behalf of C. H. Jackson that he be
 returned to service with all rights, intact,
 paid for-all-time last and that the charges
 be removed from his service record as a result
 of his dismissal September 28, 1988.
 FINDINGS: The Board, on consideration of the whole record
 and all the evidence, finds that the parties
 herein are Carrier and Employee within the meaning of the Railway,
 Labor Act, as amended, that this Board is duly constituted by Agree
 ment dated April 10, 1987, that it has jurisdiction of the parties
 and the subject matter, and that, pursuant to the Agreement dated
 April 10, 1987, oral hearing by the parties, including Claimant,'
 has been duly waived.

 Claimant Trackman Charles H. Jackson was dismissed from service on September 28, 1988 for violation of Rule 532, being absent on September 27, 1988 without proper authority. Rule 532 reads as follows:

It is undisputed that Claimant was absent on September 27, 1988, and he admits that he did not comply with the rule:
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                                CASE NO. 15


"Q. Are you familiar with and understand this rule?- -
 A. Yes, I do.---

 Q. In view of your absence on September 27, 1988, do you feel
 you complied with that rule?
 A. No, sir, I didn't." (Tr., p. 19).

 The record is clear that Claimant was absent without authority on a number of previous occasions: July 19, 20, August 3, 6, 8, 10, 22, and 23; that Claimant was verbally counselled on July 20,-and that Claimant was suspended from service for five days, August 24 through August 30, 1988. Claimant was verbally counselled after his suspension, but he again was absent without authority on September 11, 14, 17, 20, 21, and on September 27. (Tr., pp. 6-7). The Carrier's efforts at progressive discipline were patient, caring, firm, and when obviously futile, exhausted.

 The record shows substantial probative evidence in support of the Carrier's determination that Claimant violated Rule 532. In view of the Carrier's efforts at progressive discipline and the
 Claimant's past record of absence without authority, the discipline --
 of termination was not excessive.

 The record shows, and Claimant admits that "a lot of this absenteeism related to ... problems with drug and alcohol." (Tr., p. 19). On his dismissal, Claimant entered into a drug and rehabilitation program recommended to him by the Carrier's Counsellor, Mr. Wurstenburger. The transcript of investigation shows the following:

    'Q. Have you contacted Mr. Wurstenburger since you graduated from this program?

A. Yes, I have. I contacted him on my dismissal from the program. -

 Q. Could you tell us what Mr. Wurstenburger's comments were?
 A. Mr. Wurzburger's comments were that he needed, you know, no more
 information from me; I need to talk to, you know, the railroad
 office, you know, as quick as possible an_d, you know, union rep
 resentative.

 Q. Is this a B&-approved program?
 A. I really don't know, Mr. Woods, I really don't know.

 Q. Well, Mr. Wurstenburger, the BN representative, recommended it,
 so you would consider it a BN-approved-program?
 A. That's correct.

 Q. Are you aware of their Rule G policy on the BN?
 A. Not to the full extent, you know. I have yet to see Rule G. No
 more than I know no drinkin' and druggin' on the job.

                                                  '~ 3 ~t D - '15

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 AWARD N0. 15 (p. 3)
 CASE N0. 15

    Q. Well, as company policy, do they usually--once you go through the program, do they usually put you back to work?

A. Yes. -

 Q. Are you ready to go back to work?
 A. Yes, sir. I'm real ready.

 Q. Do you feel that you have completely turned your life around
 and are ready to take and accept the responsibility of a job?
 A. I feel like a brand new man, and I feel like movin' up on the
 job now. I've seen some light that, you know, I've been neg
 lecting for a pretty good while now, matter of fact, about the
 last year. And now I'd like to say it's a excellent program; -
 it's got me back with my higher power, with God; stop worryin'
 about other people; start doin' my job; start doin' what I have _
 to to to be successful. And I can't say enough for the program.

 Q. Did you get a--some kind of certificate or some notification or _
 what have you that you have completed this program?
 A. No. I have received--I got my paper work and everything.

 Q. Is that--how is the Burlington Northern notified that you have
 completed--successfully completed the program?
 A. Through one of the counselors down there.

    Q. They call- the BN people and tell. them that you've successfully completed--

A. They call my EPA representative and talked to him. -

 Q. Which was Mr. Wurstenburger? _
 A. That's right. That's correct." (Tr., pp. 19-20).

 The record shows that Claimant was disciplined for his violation of Rule 532, not for the use of drugs. Nevertheless,- Claimant's absenteeism problem was clearly related to his drug problem. If--Claim-_ ant had entered voluntarily into the Carrier's rehabilitation program prior to his termination for violation of Rule 532, then, in that event, he might have become eligible for reinstatement in accordance with the Company's rehabilitation policy. Claimant, however, did not voluntarily enter into the rehabilitation treatment until after he had been terminated. This was too late.

    In effect, Claimant's plea here is a plea for leniency. The

Board does not have jurisdiction to grant a claim for leniency. Such
 a plea, if Claimant wishes to do so, must be directed to the sense -
 of grace and compassion of the Car_r ier in its exercise -of itssole
 and unfettered judgment. -

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                              AWARD N0. 15 (p. 4)

                              CASE NO. 15


                  A W A R D


        1. The Carrier is not in violation of the Agreement.


        2. The claim is denied.


                    JOSEPH LAZAR, CHAIRMAN AND NEUTRAL 14ENlBER


DATED: OCTOBER 30, 1989

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