NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 22364

THIRD DIVISION Docket Number MW-22470

William M. Edgett, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (St. Louis-San Francisco Railway Company

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

(1) The dismissal of Trackman H. W. McLain was without just or sufficient cause and on the basis of unfounded charges (System File B-1653).

(2) The charge shall be stricken from the record and the claimant shall be reinstated to service and allowed payment for the assigned working hours lost, all in conformance with Agreement Rule 91 (b)(6)."

OPINION OF BOARD: Claimant took himself out of service and based
his actions on an account which was not credible.
His work record included prior dismissal for absenteeism as well as
repeated attempts to get him to improve his work habits.

The Board has no basis upon which to disturb the discipline Carrier assessed. The investigation was conducted as provided by the Rules. Carrier acted upon substantial evidence in the record and certainly was not arbitrary or capricious.

FILINGS: 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

Award Number 22364 Page 2

Docket Number W-22470

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 30th day of tech 1979,

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