Robert Silagi, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE (Atchison, Topeka and Santa Fe Railway Company
(a) Carrier violated the provisions of the current Clerks' Agreement at Barstow, California, on or about October 31, 1980, when it wrongfully assessed the personal record of Ms. A. D. Chavez with twenty demerits, and
 (b) Carrier shall now remove the twenty demerits and any reference to the formal investigation held on October 15, 1980, from the personal record of Ms. A. D. Chavez.
 OPINION OF BOARD: On September 16, 1980, Ms. Chavez, an employe with two
 years of seniority, was regularly assigned to a Zoned Extra
 Board Position in Barstow. At approximately 5:05 a.m. that day Carrier telephoned
 Claimant at her hone to report for duty at 7:00 a.m., but received no answer.
 About 15 minutes later Carrier again attempted to telephone Claimant with the same
 result. The vacancy was then filled according to seniority. At 11:00 a.m.
 Carrier once more telephoned and was successful in reaching Claimant. Ms. Chavez
 stated that she had been asleep at home but had not heard the telephone ring. On
 September 23, 1980, Carrier scheduled a formal investigation concerning the
 allegation that Claimant had failed to report for work is violation of Carrier's
 General Rules for the Guidance of Employees. The investigation was scheduled to
 begin the next morning. In view of the short notice, Ms. Chavez requested post
 ponement to obtain representation from the Organization. Carrier granted the
 request and rescheduled the investigation to October 15, 1980 at which time
 Claimant was represented and participated is the hearing.
 The evidence supports the finding that two telephone calls were placed to Ms. Chavez' home early in the morning of September 16th but that Claimant had not answered. Ms. Chavez offered a statement from the local telephone company to the effect that there was a defective cord on the master bedroom telephone which caused trouble on her line. She stated that she was up and about at 11:00 a.m. and therefore able to answer the call on a second instrument in her home. Claimant was found guilty of violating Rules 2, 13, 14 and 15 of the General Rules and subsequently assessed twenty demerits.

 The Brotherhood raised several defenses. The first defense alleges that Carrier did not comply with Rule 24 in that it failed to furnish the Division chairman with a copy of the letter postponing the investigation. The record does show, however, that the Division chairman received a copy of the original notice of the investigation and the reasons therefore. In any event the failure to furnish the Division Chairman with a letter of the postponement was an inconsequential error, if at all, since Claimant was represented by the Organization at the postponed investigation.

Award Number 24305

Docket Number CL-24632


Page 2

 The Organization claims that it was improper to introduce into the record evidence of a prior failure by claimant to report for work. While such evidence may not be used to determine whether the offense charged was actually committed, once the guilt is established, such evidence is proper to determine the severity of the discipline. The Board is satisfied that the evidence of a prior failing was used for that purpose.

 The Board is of the opinion that the Carrier sustained its burden of proof. The claim will therefore be denied.

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.

 Attest: Acting Executive Secretary

NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 Rosemarie Breach - Administrative Assistant

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

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