(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

(1) The dismissal of Track Laborer Joseph Magee was without just or sufficient.cause.

 (2) The Carrier shall restore Trackman Joseph Magee to service and accord him all of the remedies prescribed in Agreement Rule 16(f)."

 OPINION OF BOARD: Claimant was employed as a Trackman on July 6,
 1976. The record shows that he was discharged by date of August 13, 1976 for excessive absenteeism, reinstated on a leniency basis, issued warnings and disciplined short of discharge thereafter for unauthorized absences, discharged again March 31, 1977 for absenteeism, reinstated on a leniency basis by date of April 20, 1977 and thereafter discharged July 20, 1977 when he was absent fifteen days and otherwise not fully available for work four other days from April 21 to July 19, 1977. The Claimant apparently produced a variety of excuses, principa disorders. The Organization contends, inter alia, the Carrier's charges against the Claimant to be vague and ambiguous.

 We find nothing of record to suggest the Carrier did other than adhere to the provisions of the Agreement and to follow the well-established principle of progressive and corrective discipline. The record offers no basis to disturb the Carrier's actions here.





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 is denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: &ddll~

        Executive Secretary


Dated at Chicago, Illinois, this 9th day of November 1979.