(Brotherhood of Maintenance of Way Employes
 PARTIES TO DISPUTE:
 (The Chesapeake and Ohio Railway Company
 ( (Northern Region)

(1) The dismissal of Trackman Gary Frazier for being allegedly absent without authority on September 7 and 8, 1976 was without just and sufficient cause; on the basis of unproven and dispraven charges; extremely disproportionate to the offense with
 which charged LRystem File C(No)-D-340/MG-1695/.

 (2) Claimant Frazier shall now be extended the benefits of Agreement Rule 24(e)."

 OPINION OF BOARD: The facts in this case are that Claimant Frazier
 performed no service on his assignment on the
 dates in question; that he had not attempted to obtain permission
 to be absent from his assignment on the dates in question; that he
 had not notified any Carrier representative concerning his absence
 on the dates in question; that he offered no reason for his absence
 when he did return to service and that Claimant had a record of prior
 instances of unauthorized absences for which discipline had been
 administered in progressive increments.

 Based upon our review of the entire record in this case, we are not at liberty to substitute our judgment for that of the Carrier; and therefore, we can find no basis on which to overturn the discipline as assessed. While dismissal from service is a harsh penalty, this record - including the prior similar infractions - supports the action as taken.



Because of our having reached this conclusion, it is not necessary that we address ourselves to the procedural contentions advanced by Carrier. '

        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 r

                    `~/ l ~J or

                                            ~=`J

                                  I --

        Claim denied.


                                                ..


                            CCNATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 31st day of January 1979.