NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Carlton R. Sickles, Referee

(Brotherhood of Maintenance of Way Employee PARTIES TO DISPLTM:

(St. Louis-San Francisco Railway Company

Award Number 23280
Docket Number Mil-23406

STATET OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The discipline assessed Machine Operator K. D. Silva for an absence of one (1) day was without just and sufficient cause and wholly disproportionate to such a charge (System File B-1761).

(2) Machine Operator K. D. Silva shall be compensated for all wage loss sufered."

OPINION OF BOARD: The claimant was dismissed from the Carrier's service
for being absent from work on March 7, 1979. Subse
quently, it was agreed between the parties to restore the claimant to
service effective October 2, 1979 without pay for time lost, but with the
understanding that such action would not jeopardize the organization's
right to process the claim for time lost. The claimant seeks compensation
for the time lost between the date of termination and his return to service.
The claimant was a member of a system gang, and the members of the gang
slept in bunk cars. They were driven to and from the work location in a
bus that left the location at 6:30 A.M. every morning. On the day in
question, the claimant did not take the bus and alleges that because he
knew he would not be allowed to work if he were late, he vie no-atitmpt
to report in.

The Carrier alleges that the discipline imposed must be evaluated in light of the work history and attitude of the claimant. The Carrier points out that the claimant was dismissed from service from November 18, 1978 to January 8, 1979 on charges which are identical to those involved in this matter. Two other instances of absenteeism were cited in the record. We agree with the Carrier in this instance. The penalty follows the principle of progressive discipline and is reasonable.

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;

Award fimber 23280 Page 2

Docket Number 1W-23406

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 Agrement vas not violated.

A W A R D

Claim denied.

1PATIOliAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST;

Executive Se

Dated at Chicago, Illinois, this 30th day of April 1981.