Rodney E. Dennis, Referee


(Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employee PARTIES TO DISPUTE:
              (Norfolk and Western Railway Company


                STATE40T OF CLAIM: "Claim of the System Committee of the Brotherhood (GL-8782) that:


1. Carrier acted in an arbitrary, capricious, discriminatory and unjust manner when, without just cause, it assessed a deferred suspension against the record of Clerk Gail L. Whittaker.

2. Carrier shall now be required to remove and expunge the fifteen (15) days deferred suspension from the record of Clerk Gail L. Whittaker and anyy reference thereto."

OPINION OF BOARD: Claimant was assigned as a timekeeper in carrier's
payroll department. On March 29, 1978, claimant was served with charges of excessive absenteeism. A hearing was held in the matter on April 6, 1978. As a result of that hearing, carrier assessed a 15-day deferred suspension as an appropriate penalty. Claimant grieved the action and the case has progressed for resolution to this board.

The transcript of the hearing has been made a part of the record of this case. A review of that transcript reveals that claimaat was given a full and fair hearing and was granted all due process rights required by contract. The board is also of the opinion from a review of the record that claimaat was deserving of discipline for her poor attendance at work.

The record shows that claimant was, in fact absent all or part of 22 days during a period of 58 working days. This level of attendance cannot be considered acceptable by anyone's standard. Carrier attempted by counseling to impress claimant with the need to improve her attendance record. The record shows that no improvement took place. In many awards involving time and attendance problems, this board has attempted to impress employes with the need to appear at work on a regular basis. We have so stated this concept in many different ways and with a variety of descriptive phrases. Regardless of how it has been stated in previous awards, excessive absenteeism is unacceptable, and no employer is obligated to maintain workers in its employ who do not appear for work on a regular basis. Carrier in this case has not acted in an arbitrary, capricious, or discriminatory manner and the discipline imposed is appropriate.
                    Award Number 23012 Page 2

                    Docket Number CL-22957


        FINDIBG3: 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 Employee involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved dune 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                        AWARD


        Claim denied.


                          NATIONAL RAILROAD ADJDSTNUT HOARD

                          By Order of Third Division


ATTEST: -
        Executive Executive Secretary


Dated at Chicago, T1"nnin, this 17th day of October 1980.