(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 current agreement rules, particularly Rule 21, when it assessed Mr. Steven Becker, Order Filer at Proviso Yard, with a sixty (60) day suspension account of investigation held on April 20, 1976, and then subsequently held another investigation on April 30, 1976, which resulted in his dismissal from service, and;

 2. Carrier shall compensate Mr. Steven Becker for all time lost commencing May 7, 1976 until he is restored to service with all rights unimpaired, with the rate and work of his regular position used to determine the actual loss.

 OPINION OF BOARD: This claim is a combination of two separate
 disciplinary actions taken by Carrier against the
 Claimant, one a charge of failing to protect his assignment on
 April 14, 1976, the other for use of profane language toward his
 superior on April 21, 1976, and failure to protect his assignment on
 April 23, 1976.

 After investigations, Claimant was given a sixty-day suspension for the April 14th infraction charge was dismissed for the incidents occurring on April 21 and 23, 1976.

 The transcript of investigation, which culminated in the sixty-day suspension, establishes as a fact that Claimant absented himself without permission April 14, 1976, after being advised by the Chief Clerk he would have to protect his assignment. He had previously been warned about this problem without correction. The Claimant asserted he had a throat infection and it was agreed that the trial record would be held open awaiting a doctor's report, which Claimant agreed to obtain. The doctor's report was never submitted.


We find no basis for intervening in and upsetting Carrier's exercise of managerial discretion on the assessment of sixty days' discipline for the April 14th infraction.

 In reference to the incidents occurring on April 21 and 23 respectively, we must conclude the transcript contains sufficient evidence to warrant the conclusion reached by the Carrier that Claimant was guilty as charged and in the light of his previous derelictions, the assessment of dismissal was in order.

        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 C C 99


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 14th day of December 1978.