(Brotherhood of Maintenance of Way Employes
 PARTIES TO DISPUTE:
 (Missouri-Kansas-Texas Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Laborer L. J. Diggs for alleged violation of Rules 'A' and 'M' was without just and sufficient cause (System File 300-29).
(2) The claimant shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: The Claimant here, some four months subsequent to his
 employment with the Carrier, was dismissed from the
 service for excessive absenteeism. The discipline of dismissal was reaffirmed
 by the Carrier upon appeal.
The Carrier contends that the Claimant had been personally counseled, instructed, and warned about its attendance requirements to no avail. Moreover, it maintains that no evidence was presented to show that the Claimant had notified and/or received permission from the Carrier to absent himself from work.
The Organization argues vigorously, relying principally upon the Claimant's testimony during the hearing on the property, that he had indeed received approval for his absences and, therefore, had complied with the rules applicable to the claim.
After reviewing the record, the Board is satisfied that there is evidence to support the finding of guilt.




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



                      A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST ,05;;;i 4Z- 64e4;-~
        Nancy er - Executive Secretary


Dated at Chicago, Illinois, this 30th day of April, 1984
    E,


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