PARTIES TO DISPUTE:


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

(1) The dismissal of Trackman D. G. Thomas for being absent from duty on November 6, 1979 was arbitrary, without dust and sufficient cause, an abuse of justice and discretion and wholly disproportionate to the offense with which charged (Carrier's File S 310-324).

(2) Trackm3n D. G. Thomas shall be reinstated with seniority, vacation sad all other rights unimpaired and he shall be compensated for all wage loss suffered including holiday pay beginning November 7, 1979."

OPINION OF BOARD: Claimant entered the service of the Carrier on June 15,
1978 as a trackman. Claimant was notified to report for formal investigation on December 10, 1979; he was charged with being absent without proper authority. Because Claimant could not attend the investigation on that date, the hearing was subsequently held on January 17, 1980. As a result of this investigation Claimant was notified on January 21, 1980 that he had bees found guilty as charged and that he was being dismissed from service.

The transcript of the investigation clearly establishes that Claimant was absent on November 6, 1979, the day on which he was charged with being absent without proper authority, and no additional evidence is offered for this Board's consideration to indicate that Claimant did, in fact, contact his Roadmaster, either directly or indirectly, an that day. The Board has no alternative, in view of the record before it, except to conclude that substantial evidence is present in sufficient degree to warrant that Claimant is guilty as charged.

In this regard, therefore, the only question to be resolved is whether the penalty imposed by Carrier was reasonable. This Board notes that the function of discipline is not only to punish an employe but also to prdvide correction and training measures for employes. This position has been upheld by this Board oa numerous occasions (third Division 19537 inter alia). Since the Carrier has made Claimant's past work record part of the investigative record on property,
this Board notes an absenteeism trend on the part of the Claimant prior to this .J
incident although he was, in fact, assessed only one 15 day deferred suspension for
any prior absence without proper authority. In the present case, therefore, the
principle of progressive discipline would suggest that Claimant be given one
more chance to prove his worth to the Carrier as he himself claims be intends
to do if given additional opportunity. This Board rules that Claimant be given
this last chance and that he be returned to service, but without back pay for
time lost while out of service.

                      Docket Number NW-24133


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;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaniig 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 discipline was excessive.


                        A W A R D


        Claim sustained is accordance with the opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
        National Railroad Adjustment Board


By - °-<~-a~Sce_ ~~-.Gr-
        Rosemarie Breach - Administrative Assistant


Dated at Chicago, Illinois, this 14th day of January 1983.