PARTIES TO DISPUTE:

STATEMENT OF CIAIM: "In regards to the decision made concerning my claim with



2. A judgement was made on the basis of company rules that do not exist, i.e. availability for call.

 3. The case was presented in a prejudiced manner against me, i.e. prejudiced opinions regarding my work performance and work record with purposeful deletion of any mention on my behalf of the years of service I put in for the company where I received nothing but praise for outstanding work performance; I was previously rehired by Amtrak after being unjustly fired by the c any for work performance during a period of illness (substantiated by my doctor and told that if I declined back pay coming to me this work performance would not be held against me as it now has been."

 OPINION OF BOARD: Claimant Robert G. Gladden has worked for the Carrier since
 June 24, 1975. On August 28, 1979, the Carrier abolished Seattle Commissary Position C-10, which was the Claimant's job. Thereafter, he elected to be placed in an unassigned status. By certified letter dated November 19, 1979, Claimant was notified to appear for a formal investigation for violation of Rule K in that he had not reported nor was he available for work during the period October 23 through November 18, 1979. Claimant was subsequently required to appear for a formal investigation for a separate charged violation of Rule K stemming from his purported failure to report to the Station Supervisor on November 27, 1979, as directed by the District Supervisor..

 By mutual agreement, both investigations were rescheduled and conducted on December 12, 1979. By separate letters dated December 21, 1979, Claimant was notified he had been found guilty of both charges and was terminated.

 The two records establish Claimant was assigned to cover a vacancy in the Seattle Commissary on August 29 and worked that position through September 28, 1979. Subsequently he was not available for work and made no contact with the Carrier. On October 23, 1979. the District Supervisor began calling the Claimant's residence once or twice each day without establishing contact. On November 5, 1979. he was informed the telephone had been disconnected. From November 5 through the 18th, the District Supervisor continued to check the disconnected number in order to ascertain whether a new number was listed. By certified letter dated October 31, 1979, Claimant was advised by the District Supervisor to "contact a Station Supervisor for the purpose of reporting in and
                      Docket Number MS-24304


the availability of work." The letter was signed for by Claimant's wife on November 9, 1979. On November 27, 1979, telephone contact was made with Claimant, and he was instructed to call the Station Supervisor. He did not do so.

 This Board has determined the records of the two investigations held on December 12, 1979, support by substantial evidence the Carrier's termination of Claimant. Claimant was aware of the responsibilities required of an unassigned employe. The Carrier correctly determined his excuses for failing to call in were without merit as was his explanation for non-compliance with instructions to call the Seattle Station Supervisor on November 27, 1979. In conclusion, there is simply no basis far this Board to disturb the Carrier's action.

        FINDIM S: 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 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 A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

        Rosemarie Breach - Administrative Assistant, - -. j


Dated at Chicago, Illinois, this 14th day of March 1983..,` \^