NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION

 Rodney E. Dennis, Referee

 PARTIES TO DISPUTE:

 Award Number 23555
 Docket Number CL-23783

 (Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee

 (The Washington Terminal Company

(a) The Carrier violated the Rules Agreement, effective July 1, 1972, partimtlarly Article 18, when it assessed discipline of one (1) day's suspension on T. :'. Coates,, Vacation Relief Clerk, Washington, D. C., on February 7, 1979.

 (b) Claimant Confer' record be cleared of the charges brought against her anal she be compensated for wage loss sustained in accordance with the provi-
 sions of Article ·18(e)':

 OPINION OF BOARD: Claimant T. P. Coates was absent from work on January 10,
 19p 20 and 24, 1979. On January 25, 1979, terrier notified Claimant that a hearing into the matter of her absences would be held on February 1, 1979. The charges to be reviewed were violation of Washington Terminal Company General Rule 0 ("no employee will be absent from duty, have a substitute perform his duties...").

 At the conclusion of the hearing, Claimant was found guilty and assessed a one-day suspension. That suspension was appealed and the grievance has been placed before this Board for resolution

 The Board has reviewed the transcript of the hearing and the record of this: case. It is our opinion that/Claimant properly reported off nick and that Ct.rrier made no objections to her being absent at the time she reported off.` ".'he record does not reveal that Claimant was in any way malingering or that she was not legimately ill when she reported off. While the Board does not support absenteeism and we have taken the position that carrier has a right to expect that employee w111 ahoy up for work on a regular basis_xe cannot support Carrier in this instance. Claimant wen sick; she reported off in the proper manner. Carrier was not justified under these conditions is charging Claimant with a violation of Rule 0p finding her guilty and assessing her a one-day suspension.


Carrier approved Claimant's absence. :10 objections were reined . and the record does not. contain any indication that carrier informed Claim-
 ant that she was in violation of any rule when she reported off. carrier -
 has no basis that is revealed in this record to discipline Claimant.

        FILINGS: The Third Division of the Adjustment Boards upon the whole record and all the evideacej, finds sad 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 Acts as approved June 21p 1931;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                        A W p R D


        Claim sustained.


                      NATIONAL ~ RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Hoard

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                                          //C~I\'Ep ~:


BY ~ /i
 a iarie Breach - Adminiaative Assistant /%

 Dated at Chicago,, Illinois this 10th day of March 1982.
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