( Express and Station Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM; Claim of the System Committee of the Brotherhood (GL-8822)

(1) Carrier violated the Agreement between the Parties when it improperly dismissed Cleaner Joseph J. Johnson, Jr., from service effective September 1, 1978, and

 (2) Carrier, as a result of such impropriety, shall be required to restore Mr. Joseph J. Johnson, Jr. to Carrier's service with all rights unimpaired and compensate him for wage losses suffered commencing September 1,_ 1978, and continuing until restored to such service.

 OPINION OF BOARD: The claimant held a regular assignment as a cleaner in
 Carrier's Central Building at Baltimore, Maryland, with assigned hours 11:00 P. M. to 7:00 A. M., Monday through Friday. On August 22, 1978, claimant was notified to attend an investigation at 10:30 A. M., on August 29, 1978, on the following charge:



The investigation was conducted as scheduled, and on September 1, 1978, claimant was notified of his dismissal from service. A transcript of the investigation has been made a part of the record. A review of the transcript and the record of the handling of the dispute on the property shows that none of claimant's substantive procedural rights was violated.

 There was substantial evidence adduced at the investigation in support of the charges against claimant. The Carrier has also called attention to claimant's work attendance record since being restored to the
                      Docket Number CL-22955


service as a result of Award No. 21346 of this Board, rendered on December 16, 1976, involving a charge against the same claimant of failure to properly protect his assignment, absence without permission and failure to properly notify Carrier of his whereabouts. Claimant's work attendance record since January, 1977, has been far from satisfactory.

        In Award No. 21346 the Board stated -


        "It is the opinion of the Board that the discipline imposed by Carrier has served its purpose. The Board is of the opinion that the Claimant be returned to service without back pay, but with all other rights unimpaired and that the disciplinary action be made a part of Claimant's record. The Claimant should understand without any question that it is absolutely mandatory and necessary that he maintain a reasonable attendance record and that he be a dependable employe of the Carrier. This is the final opportunity for Claimant to correct his improper conduct. The Board expects him to fully live up to the obligation to his job."


Apparently Award No. 21346 did not have the desired effect. It is clear that the claimant failed to heed the Board's warning that he maintain a reasonable attendance record and that he be a dependable employe of the Carrier. The claim will be denied.

        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 ever the dispute involved herein; and

        That the Agreement was not violated.

                      Award Number 22866 Page 3

                      Docket Number CL-22955

                      A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:

        xecutive ASO

              Secretary


Dated at Chicago, Illinois, this 30th day of May 1980.