Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. :072


        The Second Division consisted of the regular members and in addition Referee Edward M. Hogan when award was rendered.


( Brotherhood Railway Carmen of the United States
 Parties to Dispute: and Canada

                  Louisville and Nashville Railroad Company


Dispute: Claim of Employes:
    1. That Upgraded Carmen Helper T. J. Hitt was improperly assessed a thirty

        (30) day suspension from service in violation of the Agreement, from October 28, 1979, through November 27, 1979.


        2. Accordingly, the Louisville and Nashville Railroad Company should be ordered to:


            (a) Compensate him for all time lost as a result of the suspension or twenty-three (23) eight (8) hour days a total of 184 hours at the straight time rate.


            (b) Clear all mention of the improper suspension from the personal files of Carman Helper T. J. Hitt.


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.


Claimant in this case was assessed a thirty day suspension following a formal investigation on the charges that he did not call in to protect his job assignment. The Claimant had been previously warned, both verbally and in writing, concerning his absenteeism and the proper procedure for notifying the Carrier when he laid off from work.

 The employment relationship requires that the Carrier afford each regularly assigned employee five days of work each-week, subject to certain exceptions as contained in the Agreement, and likewise, it places a corresponding obligation oz the employee to protect the Carrier's service on the days that he/she is assigned to work. The record clearly bears out the fact that the Claimant failed to meet his employment obligations, and that he was justifiably assessed the thirty day suspension from service, especially considering prior verbal and written warnings.
 F orm 1 Award No. G0??
 Page 2 Docket No. 9278
 2-h&N-CM-'82

 This Board has conclusively stated its policy in this regard in Award No. 6710, which reads in pertinent part:

        "Every employee has an obligation and duty to report on time, and to work his scheduled assignment unless he has a good and sufficient reason to be late, to be absent, or to leave early."


This Board will not upset the amount of discipline assessed by the Carrier in this case.

 The Carrier has also taken the position that the claim should be dismissed inasmuch as the Local Chairman failed to advise the Master Mechanic that his decision was rejected as required by Rule 58k. As we have denied the claim on its merits, it is not necessary to pass upon this point. However, tae do note that the provisions of Rule 58k are mandatory.

                          A W A R D


    Claim denied.


                              NATIONAL RA IIROAD ADIUSTMENT BOARD

                              By Order of Second Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

                -2


BY
        _ ~G~ _


2osemarie Brasch - Administrative Assistant

 d at Chicago, Illinois, this 28th day of April, 1982.