PARTIES St. Louis Southwestern Railway Company
 TO and
 DISPUTE Brotherhood of Maintenance of Way Employees

 STATEMENT "1. Carrier violated the Maintenance of Way Agreement, especially but
 OF CLAIM not limited to Rule 6-Discipline and Grievances, when it dismissed
 Laborer Willy Washington on March 31, 1976 under Rules M-810 and
 M-811 for alleged absence without authority, beginning March 18,
 1976.
 2. Laborer Willy Washington to be reinstated to former position with
 seniority, vacation and all other rights unimpaired; that charge
 be stricken from his record and compensation allowed for all time
 lost beginning April 1, 1976, continuing until date that he is re
 instated." .
 FINDINGS
 J
 Upon the whole record, after hearing, the Board finds that parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.

 This is a discharge case in which Claimant was dismissed for being absent from March 18, 1976 until he was dismissed on March 31, 1976 without authority. After investigation and hearing, the dismissal was sustained by Carrier.

 A review of the record of this dispute indicates that Claimant was absent for the firs part of the period in question due to being in jail. The second part of his absen was due to having some personal and domestic problems. On March 22, 1976 Claimant had sent a telegram to the Roadmaster indicating that he had domestic problems and request ed to be off until March 29. He was not, however, granted permission for this absence

 It is well established that being held in jail does not constitute unavoidable absence for good cause. (see Third Division Award 19568, 18816 and 12993, among others) In all of those Awards and as this Board holds, being held in jail as a consequence of
 .HUH Z tyu .A_ ,o ly
 Claimant's own conduct cannot be regarded as a justifiable reason for not protecting
 his assignment. In addition, in this case, Claimant was absent for a considerable per
 iod after being released from jail without proper authority. Claimant had been employ
 by Carrier for approximately two and a half years and had had significant earlier pro
 blems, prior to this incident, with respect to his attendance. He had been warned as
 well as disciplined earlier. Under the circumstances, in view of Claimant's obvious

 guilt of Carrier's charge and his prior record, the remedy imposed must not be tamperewith and is appropriate for the particular difficulty involved. It cannot be consider arbitrary or capricious. AWARD .



Carrier Member Employee Member

 October ~°~ , 1979 Houston, Texas