File No. 870195


Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Union Pacific Railroad Company
 (Former Missouri Pacific Railroad Company)

 Statement
 of Claim: (1) Carrier violated the Agreement, especially Rule 12,
 when B&B employee D. J. Booker was dismissed from the
 service on September 9, 1986.

        (2) Claimant Booker should now, therefore, be allowed compensation for time lost from September 9, 1986 until reinstated with all past privileges, vacation and seniority rights unimpaired.


Findings: The Board has jurisdiction by reason of the parties
 Agreement establishing this Board.
 Claimant on or about September 8, 1986 was a B&B
 Mechanic assigned to B&B gang 2206 working in the vicinity
 of Gypsum, Kansas.
 Said gang was made up of six employees, three of whom
 were Mechanics. They were employed in removing ballast
 retainers on a working schedule of four days on and three .
 days off.
 Claimant called in on September 8, 1986 to his
 Supervisor's Headquarters at Kansas City, Missouri, seeking
 a week's vacation. The Supervisor was not available so
 Claimant left the message with his secretary. Claimant
 failed to report for work the following day, but instead
 called the Operator at Counsel Grove, Kansas and left a
 message for B&B Foreman Larry Wilton to the effect that he
 would not be available to protect his assignment on
 September 9th. The Foreman did not receive the message
 until approximately 2:00 PM on September 9th.
 Coincidentally the B&B supervisor attempted to contact
 Claimant in Coffeyville, Kansas at the phone number he had
 provided but was unsuccessful. Claimant later that day
 reached Supervisor Cline and told him that "he had to be
 off, his girlfriend cleaned him out, took his money and
 stuff and clothes, etc." The Supervisor advised that unless
 it was an extreme emergency the vacation request was
 impossible to comply with and instructed him to report to
 work on September 10. Claimant failed to work on September
 10, 11 and 12.
                            -2- Award No. 330


          As a result Claimant was advised to attend a formal investigation concerning his unauthorized leave that was finally held on October 28, 1986. As a result thereof, Carrier concluded that Claimant failed to comply with instructions and that he was in violation of certain rules and was dismissed from service as discipline therefor.


              There was no procedural errors.


          There was sufficient evidence adduced to support Carrier's conclusion as to Claimant's culpability of the charges placed against him.


          The record provides circumstances which serve to mitigate the discipline and permit reinstatement of Claimant to service with all rights unimpaired but without pay for time out of service. He is to be placed in a probationary status for six months. During such period the Claimant is to be afforded full protection of his Schedule Agreement and in particular Rule 12 thereof.


    Award: Claim disposed of as per findings.


          Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


                                Q

    S. H mnons, ., np oy a ember J. ,J, annon, Carrier Member


                        hur T. Van Wart, Chairman and Neutral Member


                        Issued July 13, 1989.