(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

(1) The dismissal of Trackman R. J. Johnson was without just and sufficient cause and wholly disproportionate to the offense with which charged.

 (2) Claimant R. J. Johnson shall be allowed eight (8) hours' pay at the trackman's straight-time rate for each work day and holiday within the period beginning February 1, 1977 and ending on the date he is reinstated with seniority and vacation rights unimpaired."

 OPINION OF BOARD: Claimant, a trackman in Carrier's Maintenance of
 Way Department, was dismissed, following a formal hearing, for leaving his assignment without permission on January 31, about two hours after he reported for duty. At the time of the incident, Claimant had been in Carrier's service for five months.

 Neither on January 31 nor on the following day, when he reported for duty, did Claimant state he was ill or was going to see a doctor. Several witnesses testified to this effect.

 There was a conflict in testimony as to whether Claimant had received permission to leave. Claimant asserted his foreman had granted such permission; his foreman denied it, adding that Claimant gave no reason for wanting to leave.

 At the hearing, Claimant's representative presented a doctors certificate dated January 31, which indicated that he had been treated for hypertension on that same day. Carrier stated that it knew that Claimant suffered from hypertension at the time he was employed.


The record also contains testimony by the Assistant Trainmaster that his questioning of Claimant Roadmaster) on February 1 elicited from Claimant the statement that he left his assignment the day before because "he was cold"; that he had not told his foreman that he was i7.1 or that he had business to attend. At the time of the questioning, Claimant made no reference to visiting his doctor the day before nor did he furnish a doctor's certificate.

 No witnesses were called in Claimant's behalf, although he testified at the hearing that six fellow employes heard the foreman approve his leave.

 Claimant gave no reason for wanting to leave at the time he left his job. The doctor's certificate was first introduced at the formal hearing, by Claimant's representative.

 The record indicates a previous history of difficulties during Claimant's relatively brief period of service with the Carrier.

 Under the circumstances, we do not consider management's action to be arbitrary or capricious, and must, therefore, support Carrier's decision.

        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.

                  Award Number 22328 Page 3

                  Docket Number b&1-22382

                  A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        sxecu ive Secretary


Dated at Chicago, Illinois, this 28th day of February 1979.