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                              Docket No. 508

                              File 900652


      Parties Brotherhood of Maintenance of Way Employes

      to and

      Dispute Union Pacific Railroad Company

      (Former Missouri Pacific)


      Statement

      of Claim: (1) Carrier violated the Agreement, especially Rule 12,

      when B&B Carpenter J. R. Price was dismissed on July 30,

      1990.


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


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


              The Claimant, B&B Carpenter J. R. Price, following a formal investigation, held on July 30, 1990, on the charge:


              " ..left your work assignment without proper authority at 7:20 A.M., July 24, 1990, at the San Marcos Depot, San Marcos, Texas."


              was found to be culpable of the charge. He was dismissed from service as discipline therefor.


              The Board finds that Claimant was accorded- the due process to which entitled under Rule 12.


              There was sufficient evidence adduced, including the admissions against interest by the Claimant, to support the Carrier's conclusion of the his culpability. The record reflects that on July 24, Manager of Bridge Maintenance J. D. Bateman visited the Claimant's Gang to deliver some investigation notices on another matter to Claimant and some other employees. The Claimant was specifically told several times that he was not being pulled out of service therefor. Notwithstanding, Claimant took it upon himself after doing daily exercises to leave the Gang after announcing that he was going home. It was noted that the Claimant admitted that he knew that he was not being removed as a result of above said investigation notice. Clearly, the record shows that he voluntarily walked off the job site and thus absented himself without authority.

Award No. 508

 Notwithstanding, the Board finds cause to conclude that it will return Claimant to service with all rights unimpaired but without any pay for time out of service and with the admonition that the Claimant better shape up or be prepared to ship out.

 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.


44 &Hamons, Jr., Empl ee Member R. 0. Rock, Carrier Member

                A~ Van Wart, Chairman and Neutral Member


Issued March 24, 1992.