NATIONAL RAILROAD AWU37MENT BOARD
THIRD DIVISION

 Paul C. Carter, Referee

 PARTIES 10 DISPUTB:

 (Brotherhood of Maintenance of Way Employes

 (The Washington Termite Company

 Award Number 23408
 Dockat Number MW-23412

 STATElRENT ORS CLAM: "Claim of the System committee of the Brotherhood that:

 (1) The dismissal of Tracknon Calvin L. Cbapm= for alleged 'Excessive Absenteeism' was without just and sufficient cause and wholly disproportionate to the charge leveled against him.

 (2) Trackman Calvin L. Chapman shall be reinstated with seniority unimpaired and compensated for all wage lose suffered."

 OPINION OF BOARD: Claimant had been in Carrier's service approximately two years.
 On July 25, 1979, he was notified to report for a hearing on
 August 3, 1979, on the charge:

 "Excessive absenteeism when you were absent from work for all or part of the following dates:

 February, 1979 March, 1979 April, 1979 May, 1979 June, 1979 July, 1979

 14, 26

 5, 26 5 9, 25 5, 13, 18, 20 ii, 16, 18

 "You may be accompanied by any witnesses of your own choosing and your duly accredited representation without expense to the Washington Terminal Company. Please be advised that it is your sole responsibility to contact your representative and not that of the Washington Terminal Company. You will be expected to be present throughout the entire hearing and you and your representative may cross-examine the witne
The hearing was held as scheduled, and on August 8, 1979, claimant was dismissed from service.

 In the investigation conducted on August 3, 1979, a transcript of which has been made a part of the record, claimant stated his absences were due to "sick " "woke up not feeling well;" "bowel movement trouble": "trouble with back." No medical evidence was submitted to shoe that claimant was not able to work because of illness.


The record also shows that claimant was disciplined on four prior occasions for absenteeism - a 5-day suspension, a 15-day suspension, a 30-day suspension, and another 15-day suspension. It is apparent that the prior discipline did not have the desired effect.

 Based upon the record, we find no proper basis for the Board to interfere with the discipline imposed by the Carrier.

 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~,


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        ATTEST: Executive Secretary


        Dated. at Chicago, Illinois, this 3rd day of November 1981.


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