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

(1) The dismissal of Trackman Timmy Burke because of allegedly unauthorized absenteeism on August 16, 19, 23, 27, 31, September 3, 7, 9, 10, 13, 14, 15, 17, 20, 21, 22, 23 and 24, 1976 was unduly and excessively harsh and wholly disproportionate to the offense with which charged (System File MG-1731/C-MISC-372).

 (2) The Claimant shall be restored to his position as trackman with pay for all time lost, including incidental overtime and with seniority, vacation and all other rights unimpaired."

 OPINION OF BOARD: On September 20, 1976, Claimant was advised to
 attend an investigation concerning asserted
 unauthorized absenteeism. Subsequent to the investigation, Claimant
 was dismissed from service.

 The Claimant admitted to a number of unauthorized absences and he testified that he permitted a very personal family problem to " ..get involved with my work." In essence, the Claimant urges us to disallow the dismissal from service as being disproportionately harsh.

 Our review of the record indicates that the Employe was absent on 18 days during a span of about five (5) weeks, and that he failed to give any advance notice prior to the absences. Nor do we find any specific explanation for the absences beyond the very general indication of "personal family problems."

 We are not at liberty to substitute our judgment for that of Carrier in a dispute such as this unless we are convinced that the Carrier's actions are arbitrary, etc. Nothing has been presented to us which would warrant such a finding.


        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


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


        ATTEST:~/(/ . Executive Secretary


        Dated at Chicago, Illinois, this 22nd day of February 1979.