(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Louisville and Nashville Railroad Company

(1) The dismissal of Track Repairman R. _T. Harper was unwarranted and without,-just and sufficient cause /System File 1-12 (103)/D-105824 E-306-18/.

(2) Track Repairman R. T. Harper be reinstated with seniority, vacation and all other rights unimpaired and he be compensated for all wage loss suffered i

 OPINION OF BOARD: Claimant, Ray T. Harper, was dismissed from
perform his assigned duties." At that time he was 27 years old and
 had been employed with carrier six months as a track repairman. It
 was somewhat rainy that day, but not enough that the gang was wearing
 raingear. Harper went to the truck for shelter while the others
 worked. He says he had a cold and, recently having a tooth extracted,
 was afraid he would sneeze and "blow stuff through the hole." The
 foreman said, "that will be all of it for you" and "I'll take you
 to the barn."

 Rule 27(a) of the Agreement stipulates a worker will "be informed of the cause" of discipline in writing if requested. This was not requested by claimant. What he did request was a hearing pursuant to 27(b), and this was held January 3, 1975.

 The main complaint below was that claimant was not properly charged. Examination of the Agreement reveals that a track repairman need not be charged or even informed of the cause of discipline unless he so requests. On appeal the main contention is on the merits, saying that the discharge was unwarranted and too severe. We could well refuse to consider the merits because of this shift in emphasis, but the hearing transcript does go into the facts in some detail, so this is not a clear-cut case of matter not broached on the property.
 Award Number 21597
 Docket Number MW-21688

 Page 2

 But on the merits, the discharge must be sustained. The hearing was adequate and the opportunity was there to back up the tooth problem with some kind of medical proof. This was not done. We are not impressed with uncorroborated malady claims. Third Division Award No. 21514. A letter from the dentist or a doctor would have helped. Refusal to work is, of course, grounds for discipline, even discharge in a proper case.

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

 The Agreement was not violated.

 A W A R D
Claim denied.

 ATTEST: a' Al'

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division


Dated at Chicago, Illinois, this 30th day of June 1977.