UP File 900044


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

 Statement
 of Claim: 1. Carrier violated the agreement, especially Rule 12,
 when Trackman J. L. Fowler was dismissed from service on
 October 20, 1989.

        (2) Claim on behalf of Mr. Fowler for wage loss suffered beginning October 20, 1989, until reinstated with seniority, vacation and all other rights unimpaired.


Findings: The Board has jurisdiction by reason of the parties
 Agreement establishing this Board therefor.

        Claimant Trackman requested permission on September 7, 1989 to attend his uncle's funeral. The absence was authorized and he departed the job site at noon. Claimant did not report back to work or secure any authorization to be off any days thereafter. He returned to the work site on September 25, 1989.


        As a result Claimant was notified to attend a formal investigation on the charge:


        "...he had not reported for his assignment or contacted the proper representative regarding his unauthorized absence for September 8, 1989 through September 22, 1989."


        As a result Carrier found him culpable and he was dismissed from service as discipline therefor.


        Suffice to say, the Board will conditionally reinstate Claimant to service with all rights unimpaired but without pay for any time out of service on a last chance basis and he will be placed in a two year probationary status during which Rule 12 will apply.

                                                  - r,

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                        -2- Award No. 459


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.


V4V'.4' i re
 S. . Hammons, Jr., Employ ember D. A. Ring, rr a Member

                  i'..~E%2%2

                      Arthur T. Van Wart, Chairman and Neutral Member


                    Issued March 20, 1991.