C:\AWARDS\OUT\2-07098.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7098
SECOND DIVISION Docket No. 6779
2-BN-CM-X76
The Second Division consisted of the regular members and in addition Referee Robert M. O'Brien when award was rendered. ( System Federation No. 7, Railway Employes' ( Department, A. F. of L. - C. I. 0. Parties to Dispute: ( (Carmen) ( ( Burlington Northern Inc. Dispute: Claim of Employes:

1. That Havre Carman A. J. English was unjustly treated and the provisions of the current Agreement were violated when he was suspended from service for a period of five (5) days, August 23 through r""august 279 1973, and a mark of censure was placed

ors his

personal record.

2. That accordingly the Burlington Northern, Inc. be ordered to compensate

J. English for five (5) days time for August 23-27, 1973, inclusive, in the amour!- he lost in wages during that period due to suspension from service. Further, that the Burlington-Northern be ordered to remove the mark of censure from Carman A. J. English's personal record.

Findings: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that: The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934. This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance a t hearing thereon.

The facts giving rise to the instant claim are as follows. On July 30, 1973, the claimant failed to report for his 11:00 P.M. to 7:00 A.M. assignment as a carman a t Havre, Montana. Claimant did not have permission to be absent from duty. Following a hearing held on August 10, 1973, an entry of censure was placed on claimant's personal record and he was suspended from service for five days due to his alleged violation of Rule 665 of Carrier's Safety Rules. Form 1 Award No. 7098 Page 2 Docket No. 6779 2-BN-CM-176 A thorough review of the record at hand compels this Board to conclude that the charge preferred against claimant was supported by substantive evidence. He admittedly failed to report to his assigned duty on July 30, 1973. It thus became incumbent on him to proffer a credible reason for not reporting. Claimant failed to do soy and his failure warranted the S days suspension given him. Claimant was accorded a fair and impartial hearing. Carrier has sub stantiated the charge against him. And the 5 day suspension was justified. Accordingly, the claim lacks support and it must be denied.

A WA R D

Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board Rosemarie Brasch - Administrative Assis nt Dated at Chicago, Illi.noisp this 16th day of July, 1976.