PUBLIC LAW BOARD NO. 5850

Award No.

Case No. 267

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Burlington Northam Santa Fe Railroad (Former (ATSF Railway Company) STATEMENT OF CLAIM:

1. The Carrier violated the Agreement on August 31, 2004, when it

terminated the Claimant, Mr. D. L. Ahboah's, seniority pursuant to a

Letter of Understanding Dated July 13, 1876, for being absent from

work without authority for more than 5 consecutive days, beginning

July 15, 2004; also In violation of Maintenance of Way Operating

Rule 1.15.

2. As a consequence of the violation referred to In part (1), the Carrier

shall immediately return the Claimant to service, remove any
mention of this Incident from his personal record, and make him
whole for ail wages beginning July 15, 2004.
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 Rattway 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 were given due notice of the hearing thereon.
Pursuant to a selfexecuting Agreement, Claimant was absent without authority for more than five consecutive work days.

The Carrier notified Claimant of the termination and the reason, therefore.

Claimant was also advised that he could, if he disagreed with the findings, request a hearing. Claimant did just that.
Page 2 Award No.

Case No. 267

On September 30, 2004, the parties convened a hearing with its witness, a Representative of Claimant and the Hearing Officer. Claimant elected to not attend, but he notifed no one In advance of his intentions.
The hearing was held in ClalmanNs absence. There was no rebuttal to affect or mitigate Carrier's charge of being absent without authority.
Claimant's seniority rights and employment were terminated pursuant to an existing Agreement.

AWARD

Claim denied.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) not be made.

Robert L Hicks, Chairman & Neutral Member

4 jj't' I -
Rick B. Wehrli, Labor Member William L Yeck, Carrierbar

Dated;