(Brotherhood of Maintenance of Wav Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

    Carrier's decision to dismiss Central Region Maintenance of Way employee J. R.

      Duram effective Janutn~ 24. 1996 was unjust.


      Accordingly. Carrier should now be required to reinstate the claimant to service with

    his seniority rights unimpaired and compensate him for all wages lost from January 24.

      1996. (03-13 :-X1,140-13A1-9533) -


FINDINGS

Upon the whole record and all the evidence. the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor ALL as amended.- Further. the Board is duly constituted by Agreement. bas jurisdiction of the Parties and of the subject matter. and the Parties to this dispute were given due notice of the hearing thereon.

Claimant. with a seniority date of July 18. 1994. was absent without authority on five consecutive workdays. November 27 through December 1. 1995.

An Investigation was finally set for 1 PNI. Jauuarl· 10. 1996. Clainumt was not present at 1 PNL so die pities preceded in leis absence. The Investigation was concluded at 1315 hours. At 1330 hours. Claimant arrived on the scene, whereby Carrier reconvened the Investigation. The Carrier played the tape of the Investigation just concluded for the benefit of Claimant. who admitted that the testimony of the Carrier witness was correct. and that lie was off without authorization November 27 through December 1. 1995. lie did not deny that his absences were alcohol related.


      When an employee is absent without authorization for five consecutive workdays. the

F1 3 t~,a . 5~r5'0
- Paga2 Award No. t
                                                Case \'o. 10


employee's seniority is teinunated. but lie has tile right to request ail Investigation. The intent of the Investigation is to allow the employee the opportunity to offer reasons that would mitigate the termination. Claimant had nothing to offer and. in fact. admitted he was off five successive workdats without authorization.

The .Agreement Rule clearly spells out the consequences of being absent five consecutive workdays without authority. This Board cannot. in tiny way. modify the tennis of tile Agreement Rule.


                          AWARD


      Claim denied.


                          ()R) -

This Board. offer consideration of the dispute identified above. hereby orders that an award favorable to the C laimant(s) not be made.


                  Robert L. Hicks

                  Chainuan and Neutral Member


C. F. Foose Greg ~niffin
Labor Member Carrier Member
Dated Vlq f 9b