Herbert L. Marx, Jr., Referee


(Brotherhood of Maintenance of 'Way Employes PARTIES TO DISDUTS:
                (The Chesapeake and Ohio Railway Company


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
                that:


(1) The dismissal of Trackman Roy R. Revely 'account absent from duty without permission on November 14 and November 28, 1975' was excessive, grossly disproportionate to the offense with which charged, totally in disregard of extenuations for such absences and thereby in violation of the Agreement (System File MG-1527/BI 1-7-76).

 (2) The claimant's discipline shall be reduced to an overhead suspension and ^e shall be restored to service with pay for all time lost, and thus be in line with other discipline administered to other employes on January 7, 1975

 OPINION OF BOARD: This claim involves dismissal of Trackman Ray R.
 Revely because of "absence from duty without permission on November 14 and November 28, 1975".

 The Board finds that the investigative hearing held in this matter was conducted in a fair and impartial manner and supported the charges made by the Carrier as to the absences.

 The Organization questions the severity of the discipline as well as the reference to the employe's previous disciplinary record.

 Determination of guilt as to the alleged offense in question is confined to evidence developed at the investigative hearing. It is, however, entirely reasonable and record of the employe in assessing the degree of penalty. As stated in Award No. 20099 (Sickles):

        "The Organization properly points out that an employee's past work record may not be considered in determining guilt of the charges brought against him, but there is no evidence of record to suggest that such was the case here. Fowever, this Board has repeatedly determined that a Carrier ma personnel record in assessing the amount of discipline to be imposed."

                      Award Number 21835 Page 2

                      Docket Number 2·Pv7-21977


          FINDL'IGS: 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 denied.


                              NATIONAL RAII20AD ADJUSTMETD? BOARD

                              By Order of Third Division


ATTEST: rcecutive Secretary

 Dated at Chicago, Illinois, this 6th day of January 1978: