(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Mississippi Export Railroad Company

(1) The discipline of Trackman Joe Lester McLaurin was without just or sufficient cause and was wholly disproportionate to the offense with which charged.

 (2) Trackman Joe Lester McLaurin shall now be allowed the benefits prescribed in Agreement Rule 18(e)."

 OPINION OF BOARD: After an investigatory hearing, claimant, a trackman,
 was suspended for ten working days by carrier for
 excessive absenteeism. The organization protested carrier's action and
 pressed its claim to the board for resolution.

 In reviewing the record prepared for this case, it has come to light that carrier failed to supply a copy of the transcript of the June 30, 1978 hearing to the board. While both carrier and the organization have quoted from the transcript in their submission, this board cannot be sure how pertinent or persuasive their quotations might be without the advantage of the transcript. Since, in such cases, carrier bears the burden of proof and since the facts needed to carry that burden are elicited at a hearing, it is important that this board have the transcript of the hearing before it in order to make a proper determination in the case.

 Absent that information, this board has no recourse but to uphold the claim on the basis that carrier has not carried its burden of proof, based on the record it submitted for this board's consideration.

 FINDINGS: The Third Division of the Ajustment 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 Hoard has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                      A W A R D


        Claim sustained.


                      NATIONAL RAILROAD ADJUSTMENT HOARD

                      By Order of Third Division


ATTEST
 ecutive Secretary

 Dated at Chicago, Illinois, this 17th day of October 1980.