(Michael Johnson PARTIES 1n DISPUMs:

STAT' .9T OF CLADI: "This is to serve notice, as required by the roles
 of the National Railroad Adjustment Board, of my intention to file an ex pane submission on Apri unadjusted dispute between me and the BTMLINGTObT NORTHERN INC., involving the following question:

OPINION OF BOARD: The record shows that claimant, who is the Petitioner,
 entered the service of the Carrier on July 10, 1973.
 In December, 1977, he was regularly assigned as an operator at Carrier's
 Union Avenue Tower, Chicago, I111nois, with hours 2:45 PM to 10:45 PM.

 The Carrier states that on December 28, 1977, it addressed and sent to the claimant and operator G. B. Greene, who relieved claimant at the end of his tour of duty, two notices advising them to attend investigations on January 4, 1978,











"and R. Greene, and with M. Johnson's allegedly absenting himself from duty without proper authority on December 8, 1977, Union Avenue Tower, Chicago, Illinois.

 Arrange for representative and/or witnesses if desired in accordance with governing provisions of pre-railing schedule rules.

 Acknowledge receipt by affa~zing your signature in the apace provided on copy of this letter.

 (Sgd) H. A. Turner
 Traimaster

 Acknowledge

 Date

 "Cicero, Illinois December 28, 1977

 File: W-n

 Messrs. M. Johnson - Operator - Union Tower
 R. Greene - Operator - Union Tower

 Attend investigation in the Conference Room, Freight House No. 9, 5405 West 26th Street, Cicero, Illinois at 1:30 P.M.., Wednesday, January 4, 1978, for the purpose of ascer taimin the facts and determining your responsibility in connection with allegedly improper transfer between Operators M. Johnson and R. Greene on December 21, 1977, Pinion Avenue Tower, Chicago, Illinois.


"Arrange for representative and/or witnesses if desired in accordance with governing provisions of prevailing schedule rules.

 Acknowledge receipt by affixing your signature in the space provided on copy of this letter.

 (Sgd) B. A. Turner
 B. A. Turner
 Trainmaster

 Acknowledge

 The claimant did not attend the investigations, which were conducted as scheduled, in his absence. On January 20, 1978, claimant was notified:












                  Docket Number YS-22953


            "Union Avenue Tower, Chicago, Illinois, as developed at formal investigations held on January 4, 19T8 of which you were notified by letters addressed to you on December 28, 19T7 and at which you failed to appear.


            Your past unsatisfactory record was taken into account in assessing this discipline.


            Acknowledge receipt by affixing your signature in the space provided on copy of this letter and relinquish any and all Company. property including tz=a transportation issued you.


            (Sgd) B. A. Turner

            B. A. Turner

            Trainmaster


            Acknowledge


            Date


            cc: Messrs. R. P. De-aey

            M. A. Sawyer


            SPECIAL DMIVERY U. S. REGISTERED MAIL RETURN RECEIPT REQUESTED."


In progressing the dispute before the Board, the claimant requested a hearing with the referee present. Such hearing was scheduled for 9:30 A.M., August 19, 1980, but was postponed at the request of the claimant because of a representative not being present. The hearing was rescheduled for 1:00 P.M., November 19, 1980, at which time the claimant was present with an attorney and another representative. The Carrier was also represented.
                  Award Number 23110 Page 5

                  Docket Number MS-22953


In his submission to the Board and in the oral presentation at the hearing on November 18, 1980, the contention vas made that claimant was not properly notified of the hearings which resulted in the termination of his services.

 The Board has carefully reviewed the record in the dispute and finds evidence that claimant did receive the notices of December 28, 1977; that he did not attend the investigations, nor did he request a postponement. The claimant's actions in this respect were at his peril. An employe nay not deliberately refuse to accept a letter of charge, and then contend that he was not properly notified.

 Attempt has also been made by claimant to distinguish between "investigation" and "hearing" as referred to in Rule 18. It is generally accepted in railroad parlance that the words "investigation" and "hearing" are synonymous. Further, there is no requirement in the Agreement that an employe must sign for an investigation notice.

 Carrier's Rules 702 (B) and 958, referred to in the notice of dismissal of January 20, 1978, provide:

            "702 (B) Employes must comply with instructions from the proper authority.


            958. Operators going off duty must make a written transfer on the prescribed form of all undelivered train orders and messages, instructions, including CTC instructions, unfinished business, condition of wires, position of train order signals and overdue trains.


            The operator going on duty must not handle the train order signal, train orders, or CTC control machine until the transfer has been completed. Each operator must personally sign the transfer. When shifts are not continuous, the transfer will be made in the same manner."

                  Award Number 23110 Page 6

                  Docket Number MS-22953


After reviewing the complete record in the case, and listening to the presentations at the hearing on November 18, 1980, the Hoard finds that there was substantial evidence to support the discipline imposed, which we find not to be arbitrary, capricious or in bad faith. The claim will be denied in its entirety.

 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 over the dispute involved herein; and

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMRT BOARD

                          By Order of Third Division


ATP=: d , _ -___ .

        Executive Secretary


Dated at Chicago, Illinois, this 15th day of January 1981.