(Brotherhood at Maintenance of Way Employee

PARTIES TO DISPUTE :

(The Burlington Northern Santa Fs Railroad (Former

(ATSF Railway Company)

STATEMENT OF CLAN:

1. The Canter violated the Agreement on May 10, 2001, when it

dismissed the Ciaknank Mr. M. J. Martin, from service for allegedly

violating MaiMenence of Way Operating Rule 1.5 - Conduct, 1.13 -

Reporting and Complying with Instructions, and 1.15 - Duty

Reportiny or Absence, when he was absent from work without

authority.

2. As a consequence of the violation referred to in part (1), the Caller

shall return the Claimant to service with seniof and rights

unimpaired, remove any mention of the incident from his personal

record, and make him whole for all wages lost account of this

incident

FINDINGS

Upon the whole record and all the evidence. the Board finds that the parties herein an carrier and employee within the meaning of the Railway Labor Act, as amended. Further, the Board Is duly constituted by Agreement, has Jurisdiction of the Parties and of the subject matter, and the Parties to this dispute wen given due notice of the hearing thereon.

Claimant's assignment started at 7:00 AM. At 9:00 or 9:35 AM. he called the Rosdmaster to advise that he was not comino in that day because he had an sppoinhmsnt welt lab lawyer.

The Roadmastrr did not agree to sanction his absence. M Investigation was

When asked when Claimant knew about the request of his lawyer for a conference on April 3, 2001, Claimant advised it was the night before. When asked why M did not call the Roadmaster at that time, his response was that M did not haw his phone number and he did not want to bother anyone. He was then asked why he did not call In before the starting time of his job, and he did not have a resson any more valid than not ceiling the night bsfora.

This k not the CI@ImenYS first such charge of not calling in to seek authority to bs absent or to advise anyone why he would not be at work. He recently has built a plmlfn of no shows. He obviously has not learned of his obligation to protect the assignment he had.

Dismissal in this Inetanee is not out of line.

AWARD