(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:

                    (Seaboard Coast Line Railroad Company


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


      (1) The discipline imposed upon Trackman J. B. Stephens ('letters of caution' dated January 4 and 5, 1979) was without dust and sufficient cause (system File c-4 (13) -rBS/12-3909-32) J).


      (2) Said 'letters of caution' shall be expunged from the claimant's personal record and he shall be compensated for all wage loss suffered and for all expenses incurred attending the hearing held on January 29, 1979·"


      OPINION OF HOARD: The Claimant protests that two letters of caution for his

      alleged failure to obtain permission for absence on each

      of two days, or to furnish proof of his inability to do so, were issued without

      dust cause.


,, Two issues are presented to the Board: (1) Whether the letters of
      caution constitute disciplinary action; (2) whether there is substantial evi

      dence of a probative nature to support the issuance of the letters. We answer

      both in the affirmative.


      In the opinion of the Board, the letters of caution must be deemed to be disciplinary is nature. Their inclusion in the Claimant's personal record reasonably indicates that they x311 be used as a base for the imposition of further discipline for future infractions. The Carrier evidently believed them to be disciplinary when it granted the Claimant's request for a hearing.


      With respect to the second issue, it is undisputed that the Claimant had the opportunity to properly justify his asserted inability to report the absences but that he failed to do so. From that significant fact and from the testimony accepted as c2edible by the Carrier, the Board concludes that the record affords substantial support of a probative nature for the letters of caution.


            The claim will be denied.


            FINDI`,rGS: 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 Plumber 23958
 Docket Number hbT-23936

 That the Carrier sad the Employee involved in this dispute are respectively Carrier and Fk<ployes within the meaning of the Railway Labor Acts 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.

 ATTEST: Acting Executive Secretary
        National Railroad Adjustment Board


BY
 emarie Breach - Administrative Assistant

 Page 2

 NATIONAL RAILROAD ALITUS7WNT BOARD
 By Order of Third Division

 Dated at Chicago., Illinois,, this 15th day of August 1982.