NATIONAL MEDIATION BOARD

PUBLIC LAW BOARD N0. 4370


BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

and

BURLINGTON NORTHERN RAILROAD COMPANY


AWARD N0. 5

Case No. 7






F I N D I N G S Claimant was absent from work commencing September 9, 1986 without providing any notification as to the cause of his absence until September 26, 1986. The Claimant then wrote to the Carrier requesting a 30-day leave of absence -commencing October 1 based on "family problems and marital problems". He expressed willingness to "waive an investigation" in reference to his absence up to this point. This letter was received by the Carrier on October 2, 1986. The Carrier replied on October 7 denying the request for leave of absence and stating to the Claimant, "You
                                  Award No. S

                                  Page 2


are considered absent without authority". On the same date, the Carrier notified the Claimant by certified mail of an investigation to be held on October 15 in connection with-the Claimant's "alleged absence from duty without proper authority from September 9, 1986 until October 6, 1986".
 The record does not indicate whether the Claimant actually received either the Carrier's response as to the leave of absence or the investigation notice. However, the Carrier had apparently followed the correct procedure in addressing the letter and notice to the Claimant's address of record.
 The Claimant failed to appear at the investigative hearing and did not request a postponement.
 There can be no doubt that the Claimant was absent without permission for an extended period. After writing to request a leave, he also did not report, nor did he report after (presumably) receiving the Carrier's denial of leave.
      While the personal circumstances related in the Claimant's

request for leave might otherwise operate to mitigate the disci
 plinary action taken, this is offset by the Claimant's failure
 to appear at the hearing and, more significantly, by a disciplin
 ary record involving two previous 30-day suspensions for unauth
 orized absence within the same year of his dismissal. There is -
 no basis to disturb the Carrier's action.
 A W A R D

      Claim denied.


                HERBERT L. MARX, JR., Referee

DATED: June 9, 1988

 NEW YORK, NY