PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman B. Foster for alleged violation of Agreement Rules 17(b), 17(c) and Carrier's 'Rule 18' was excessive and disproportionate to the offense with which charged (System File 37-SCL-8119/12-39(81-38) G).
(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 was advised to attend an investigation on
 a charge which essentially revolved about a contention of unauthorized and excessive absenteeism.
Subsequent to the investigation, the claimant was notified that he had been found guilty and was dismissed from the service.
The Board finds that the Claimant had been repeatedly cautioned and disciplined with respect to his attendance habits to no avail. Therefore, although the Board is not unmindful of the Claimant's twelve years of service, his continued failure to protect his assignment after being placed on notice, coupled with his failure to provide documentation with respect to one of his absences after being requested to do so, leads to a denial of the claim.




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




        Claim denied.

            Award Number 24797 Page 2

                      Locket Number MW-24909


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST
 Nanct J ver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April, 1984
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