(Southern Railway Company PARTIES TO DISPUTE:




STATEMENE OF CLAIM: Carrier did not violate the agreement with the
Brotherhood of Railway, Airline and Steamship Clerks as alleged, when it dismissed Mr. K. F. Watkins, Data Input Operator, MIS Department, Atlanta, Georgia, from the service of the Carrier for cause on August 31, 1977.

Since the agreement was not violated, Mr. Watki.ns is not entitled to be restored to the service of the Carrier and be compensated for all time lost beginning as claimed for and in behalf of Mr. Watkins by the Clerks' Organization.

OPINION OF BOARD: This dispute, submitted to the Board by the
Carrier, involves the dismissal of K. F. Watkins, a Data Input Operator in Carrier's MIS Department, Atlanta, Georgia, with assigned hours 11:00 p.m. to 7:00 a. m.



On August 12, 1977, Carrier's Manager Data Service telephoned Mr. Watkins (claimant) to discuss the latter's excessive absenteeism. Mr. Watkins had been absent since July 19, 1977, with the exception of one day. Mr. Watkins returned to work on August 18, 1977, with a statement from his doctor to the effect that Mr. Watkins had been under his care and that he could return to work on a full-time basis on August 19, 1977. After working on August 18, Mr. Watkins failed to work at all between August 19 and August 31, 1977. During this period Mr. Watkins did not personally contact his supervisors to inform them that he would not be present.

On August 31, 1977, Carrier's Manager Data Service wrote Mr. Watkins and dismissed him from the service for not complying with instructions to personally contact his supervisors when reporting off work and abandoning his position as Data Input Operator.



A hearing was requested by representative of the organization, in accordance with the provisions of the applicable Agreement. Hearing was scheduled for September 20, 1977 and postponed and rescheduled for September 27, 1977. A copy of the transcript of the hearing has been made a part of the record. Following the hearing, the rgpresentative of the Organization was no that the dismissal of Mr. Watkins was upheld. Claim was then initiated by the organization that Mr. Watkins be restored to the service with all rights unimpaired and with pay for all time lost beginning August 31, 1977. The claim was progressed in the usual manner on the property, and is properly before the Board for adjudication.

The Board has carefully reviewed the entire record, including the transcript of the hearing conducted on September 27, 1977. The record shows that Mr. Watkins had previously been instructed on several occasions that he was to personally notify his supervisors when it was necessary for him to be off. Mr. Watkins had also previously been suspended for thirty days for not protecting his assignment on two days and not notifying his supervisors that he would be absent from work. It is also noted that Mr. Watkins' work attendance record during his rather short period of service was far from satisfactory.

Based upon the entire record, the Board does not find the Carrier's actions in dismissing Mr. Watkins from service to be arbitrary,,capricious or in bad faith. The claim of the Carrier will be sustained.

FINDINGS; The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon,
and upon the whole record and all the evidence, finds and holds;

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 aver the dispute involved herein; and
                    Award Number 22738 Page 3

                    Docket Number CL-22682


        That the Agreement was not violated.


                    A W A R D


        The dismissal of Mr. K. F. Watkins upheld.


                        NATIONAL RAILROAD ADTUSnENT BOARD

                        By Order of Third Division


ATTEST:~(/
Executive Secretary

Dated at Chicago, Illinois, this 29th day of February 1980.