(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Chicago and North Western Transportation Company



1. Carrier violated the terms of the Agreement effective May 15, 1972, particularly Rule 21, when under date of November 15, 1974 it notified Ms. L. E. Lowe, Key Punch Operator at Ravenswood, that she was dismissed from service effective 5:00 P.M., November 15, 1974, and;

2. Carrier shall be required to compensate Ms. L. E. Lowe account such dismissal from November 15, 1974 forward until she is reinstated, for all time lost, to under the applicable Agreements.

OPINION OF BOARD: Following a hearing held on November 11, 1974, Claimant
was notified that she was dismissed from service effec
tive November 15, 1974 due to her excessive absenteeism. At the hearing,
Claimant proffered several reasons which she claims justified her absence
from duty on October 7, _8, 10, 15, 22 through November 1, 1974. She did
admit, however, that she had been warned about her excessive absenteeism
in the past. In fact, she had been disciplined six times in the past
three and one-half years for her excessive absenteeism.

We believe the record manifestly supports the conclusion that Claimant has been guilty of excessive absenteeism. Carrier concluded that it could not accept the reasons proffered by Claimant which, she contends, justified her most recent absences. In reaching this conclusion, we cannot say that Carrier erred. Their decision was based on substantive evidence and we are, therefore, loath to substitute our judgment for that of the Carrier.

We must find, however, that Claimant is entitled to one last chance with the Carrier. If upon being reinstated, Claimant's attendance record does not significantly improve, then her discharge would certainly be warranted. Claimant has been out of service for approximately two years. We, therefore, order her reinstated with her seniority unimpaired but without any wages lost save for a period of sixty days. Said discipline, this Board submits, is commensurate with her clearly established record of excessive absenteeism.



        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                    A W A R D


        Claim disposed of per the Opinion of the Board.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            $y Order of Third Division


ATTEST: ~iI/(/Executive Secretary

Dated at Chicago, Illinois, this 28th day of January 1977.

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