PARTIES:: Brotherhood of Maintenance of Way Employee
 i0 :
 DISPUTE: Chicago and North Western Transportation Company

                  STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhoodthnt:


        (1) The tPn (10) day suspension and loss of foreman and a.~sistsnt foreman seniority rights pasessed J. 3. Meggison for allegedly being absent without proper authority for one (1) day was without just and sufficient cause. (Organization File 7D-3192; Carrier File -D-11-19-84).


        (2) Foreman J. S. Meggison shall now be allowed the remedy prescribed in Rule 19(d).


FINDINGS: This Board, upon the whole record and all the evidence. finds and holds that the employee and the Carrier involved, are respectively employes and Carrier within the meaning of the Railway Labor Act. as amended, and that the Board has jurisdiction over the dispute herein.

 The claimant herein is the same as involved in Docket No. 26. Award No. 22. He was employed as a track foreman on Carrier's Twin Cities Divts?on, headquartered at Itasca, Wisconsin, with assigned hours 7:30 A.M. to 4:00 P.M., Monday through rriday. On July 20, T982. claimant was notified to a~tnnd fcrmal investigation scheduled for 2:00 P.M., July 2R, 1982, on the charge:

        "Your responsibility for absenting yourself from duty without proper authority on July 13, 1982 while assigned as Track Foreman Pt Itas^a, Wisconsin."


The investigation was rescheduled for August 12, 1982, a transcript of which has been made a pert of the record, following which claimant was as,~essed a ten-day suspension and disqualified as a Foreman and an Assistant Foreman.

 There Is no disoute that claimant did not protect his assignment on July 13. 1987. In the hearing. or investigation, it was developed thpt claimant called another foreman about 4:O0 A.M., on the date involved and stated that he cold not be st wcrk that day because of trouble he wa_s hevinp with his automobile; the foremen to ·vyhom he talked told him (claimant) thrt he should contpct one of his supervisors to obtain proper authority. Claimant
                                              56A-(7a 5'

                                              Award No. 23

                                              Docket No. 27


then contacted the third shift yardmapter and reauested thrt a message be relayed to his supervisor in the morning. Rule 14 of Carrier's General Regulations and Safety Rules provides:

    "Employees must report for duty at the designated time and place. They must be alert, attentive and devote themselves exclusively to the Company's service while on duty. They must not absent themselves from duty, exchange duties with or substitute others in their place, without proper authority."


The claimant no doubt knew, or should haves known, th.7t "proper authority" referred to in Rule 14, was the Hoadmaster or Aswistsnt Roadmaster.

 It was also developed that claimant instructed the employe who prepared the work reuort for July 13, 1982, to show him (claimant) as on vacation on the dry involved. it was established, however. thmt a vacation day was not avthorized by anyone in authority, which is the general practice when vacations are arranged. There was also evidence that July 13, 1982, w_s the first full day of absence by claimant for a period of about ten months.

 Discipline aRalnst claimant for his actions on .:'Ely 13, 1992, was warranted; however, his permanent diseualification as a foreman and assistant foreman, was excea-ive. he will award that his seniority in those classtfications be restored within thirty days from the date of this award, but we will deny all monetary features of the claim. The claimant should understant, however, that the Board eonRidprs the manner in v=hick he handled the vacation matter as a serious offense, and that further such infractions on his part will receive short shrift by ail concerned.

                    A ld A R D


      :.lain sustained to the extent indicate:? in Findings.


                      ORDER


The Carrier is direetp to comply with this Award within thirty daps hereof.

                                      i


                    Chatrman, Ueutr=1 Memtier,


Car i r iiefitber Labor Member

 Date Sr~`