STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Chicago and Eastern Illinois Railroad, that:
OPINION OF BOARD: This is a discipline case in which Claimant was held out of service for alleged violation of Carrier's Operating Rules. In compliance with Rule 24 (c) of the Agreement Claimant was notified by letter dated July 1, 1965, that the investigation was scheduled for July 6, 1965. Becasue Claimant requested that he be marked off sick, the hearing was postponed pending his recovery. When advised that Claimant would be able to attend, Carrier set the hearing for July 16, 1965 at 12:30 P. M. Claimant made no request for further postponement. He failed to appear. Appearance was entered by the Local Chairman who was afforded full opportunity to adduce evidence and examine witnesses called by Carrier. Upon the record made, Claimant was found guilty of violating Operating Rules 700 and 701 and he was dismissed from service. Subsequently Claimant stated that he did not appear "because it was called at a time which is for me and many others lunch time."
From our study of the transcript of the hearing and the record as a whole we find that: (1) Carrier satisfied due process requirements; (2) the finding of guilt is supported by substantial evidence; and (3) the discipline imposed-dismissal from service-was not unreasonable. We will deny the Claim.
Inasmuch as Section 2, First of the Railway Labor Act charges "employes" with the duty to "maintain agreements" we are of the opinion that an employe who fails to appear at a hearing, in the absence of good cause, is derelict.