(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Pittsburgh & Lake Erie Railroad Company

(a) The Carrier violated the Rules Agreement, effective September 1, 1946, particularly Rule 20, when it assessed discipline of 15 days suspension on N. Roebuck, Storehouse Attendant, McKees Rocks, Pennsylvania.

 (b) Claimant Roebuck's record be cleared of the charges brought against him on March 26, 1975.

 (c) Claimant Roebuck be compensated for wage loss sustained during the period out of service.

 OPINION OF BOARD: After hearing April 2, 1975, Claimant Nate Roebuck
 was suspended 15 days without pay for absenting
 himself from duty without proper authority on March 26, 1975, contrary
 to carrier's general rule J-1. He hall been withheld from service pursuant
 to Rule 20 - DISCIPLINE, section (a)e which reads:

The contention of claimant is that he had express or implied authority to leave. At the time he was 26 years old and had worked for the company six months as a storehouse attendant. On Wednesday March 26, 1975, claimant did report to work at about 7:30 A.M. He had been working the hi-lift the last few days but was told to go to the diesel shop, where work was piled up. When told he couldn't have a helper, and not feeling too well that day, claimant left under the impression that the Assistant Manager had said "go ahead - it didn't matter to him." The manager denies saying that and also denies hearing anything about claimant being sick.


The Assistant Manager's office was a rather hectic scene around 7:45 A.M. The manager was on and off the phone and six or eight people were milling in and out. We can perceive a misunderstanding taking place. But the carrier has made a prima facie case and there is no corroboration for claimant's rebuttal, his own co-workers saying he just walked out. The evidence and the investigation were fully adequate.

 As to the discipline, Roebuck had a deferred five-day suspension for being absent without permission on January 3, 1975. He was given ten days more on this charge and the deferred five days was invoked. Claimant being a short-term employe with two such infractions, we cannot fault the degree of discipline.

        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

        The Agreement was not violated.


                    A W A;~R D


        Claim denied. SEP 0 8 1977


                                      J J BERG P .


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 18th day of August 1977.