PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 New Jersey Transit Rail Operations, Ins.
 STAThh1ENT The dismissal of 6 & B biecnanic M. Morris was with
 OF
 CLAIM: out just and sufficienz cause and he shall be re
 instated wirh seniority and all benefits.
 FINDINGS: Claimant, an 2-ployee with 2 years 2 months service,
 was dismissed for not returning to his assignment
 on time. lie had asked for permission to leave the
 site in Newark at lz noon to cash his check at lunch
 time. The request was granted and, according to
 the foreman, he was told to return by 12:30 p.m.,
 the end of his lunch period. Claimant's testimony
 is that he told the foreman that "it would take me
 a half an hour or iiiore." lie denied that he was in
 structed to return by 12:30 p.m.
 At any rate, when claimant did not get back by
 12:30, the foreman and another employee completes: the loading
 assignment that claimant and they nad been working on before lunch
 and waited for claimant until 1:25 p.m., at which time operations
 required their return with the material, to the Woodbridge Shop.
 According to claimant, he returned to their Newark work location

at 1:30 p.m. and got to Woodbridge by bus and walking at 2:30 p.m.
 His explanations are riot persuasive and he did not take the pains he should have to try to inform his foreman when he was so late. He could, for example, have reached the Carrier's Police office near the Newark work site.
 Disciplinary action is warranted in this situation itself. in determining tha measure of discipline, it was not inappropriate for Carreir to take claimant's prior record into connideration, including a 30-dal suspension for sleeping on duty in July 1985 and permission to return to service on May 1, 1986 after having been absent without authority. On the latter occasion, he was allowed to return to service on a leniency basis subject to six months probation. The violation now under consideration occurred within four months after lie had been allowed to return to duty on a leniency basis.
 We will not substitute cur judgment for that of Carrier in these circumstances.

 AWARD: Claim denied.



    H o d If. ldeston, Chairma

    ~rs dP6,.G._

    Carrier Member Employee Member