(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:
                Terminal Railroad Association of St. Louis


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

 (1) The five (5) days of suspension imposed upon Track Laborer R. E. Pruit for failure to protect his assignment on September 12, 1980 was unwarranted and an abuse of justice and discretion by the Carrier (System File TRRA 1980-22).

        (2) The claimant shall be compensated for all wage loss suffered."


OPINION OF BOARD: Claimant, R. E. Pruitt, is a Track Laborer in System Gang
 No. 10. On Friday, September 12, 1980, he did not report for his regular assignment. On September 17, 1980, he was notified to report on September 30 for a hearing into the matter of failing to protect his assignment.

 A hearing into the matter was held at which time Claimant testified that his car broke down due to his fan belt breaking. Carrier indicated that it would consider Claimant's plea if he produced evidence that he had purchased a fan belt for his car. He was given from September 23 to October 3 to produce the receipt. Having not received the evidence, Carrier found Claimant guilty as charged and assessed a five-day suspension.

 A review of the record of this case reveals that Claimant was given every opportunity to produce evidence to clear himself of failure to protect his assignment. He did not produce that evidence. Given his past record of absences and tardiness, Carrier was justified in assessing a five-day suspension.

        FINDINGS: The Third Division of the Adjustment Board, upon the ;bole 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.

        That the Agreement was not violated.

                      Award Number 24394 Page 2

                      Docket Number MW-24463

                      A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


-Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 By
 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 26th day of May 1983·

 I 0,,*3CF_1VED

 C.

    o0ottic go office