Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8544
 SECOND DIVISION Docket No. 8273
 2-GTW-FO-'80
 The Second Division consisted of the regular members and in
 addition Referee David H. Brown when award was rendered.
 ( International Brotherhood of Firemen & Oilers

 Parties to Dispute: ( RECEIVED

Dispute: Claim of Employes:

        1. That in violation of the current agreement, Roy C. Collins, laborer was unjustly assessed twenty-five (25) demerit marks from his service record following investigation held on date of May 3, 1978.


        2. That accordingly the Carrier be ordered to make the aforementioned Roy Collins whole by removing the twenty-five (25) demerit marks from his service 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 at hearing thereon.


The assessment of 25 demerits, herein appealed, was made after formal investigation pursuant to the following notice to Claimant:

        "You are hereby notified to attend an investigation to be held in the office of the Car Foreman, Mr. R. F. Miller, on May 3, 1978, at 0930 hours to determine your responsibility, if any, for excessive absenteeism by missing all or part of your assignment on March 11, 12, 13, 25, 29; April 3, 7, 10, 17, 18, 19, 20, 21, 21+, 1978, and violation of Rule 18 of the GT General Rules."


    The controlling rule is Rule 18, reading


        "Habitual tardiness and unexcused absences may be basis for disciplinary action."

Form 1 Page 2

 Award No. 851+4
 Docket No. 8273
 2-GTW-FO-' 80

 During the period from March 11 through April 24, 1978, Claimant accrued the following attendance record:

 1978

March 11 of 12


13 25 29


April 3
 rr 7

 " 10
 17
 " 18

 'r 19

 " 20
 " 21
 it 24

 Remarks

Absent - No Call Absent - No Call Absent - Called and said he was sick Two hours late Absent-No Call Two hours late Absent - No Call Absent - No Call Absent - No Call Worked two hours advised that he was going to Doctor said he would come back, he did not.

Absent - No Call Absent - No Call Absent - No Call Absent - No Call


Because of Mr. Collins' claimed illness during such period, and in order to give him the benefit of the doubt, Chief Mechanical Officer G. B. Rupel, in assessing disci line, eliminated from consideration the period from April 17 through April 2~. The indicated discipline was then imposed.

 We find that the investigation was fairly and properly conducted and that the discipline as assessed was fully warranted.

 A W A R D

 Claim denied.

 Attest: Executive Secretary
 National Railroad Adjustment Board

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division


      semarie Brasch - Astrative Assistant


Dat d at Chicago, Illinois, this 17th day of December, 1980.