THIRD DIVISION Locket Number MW-2466


                  Robert W. McAllister Referee


                (Brotherhood of Maintenance of Way Employes

PARTIES TO DISPUTE:
                (Burlington Northern Inc. (former St. Louis-San Francisco ( Railway Company)


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The discipline imposed upon Machine Operator W. J. Holloway for alleged violation of 'Rules G and 189' was without just and sufficient cause and on the basis of unproven charges (System File B-19131MWC 81-6-24A).
(2) The claimant's record shall be cleared of the charges levelled against him and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: At the time of his dismissal, the Claimant, W. J. Holloway,
 was a machine operator on Tie Gang T-1 10 with approximately
 three and one-half years of service. On January 10, 1981, the Claimant did rot
 report for work and, after a discussion, that morning with the Assistant Road
 master in the bunk car, Claimant was dismissed from service for violation of
 Rules G and 189. Subsequently, the Carrier returned Claimant to service
 effective February 17, 1981. The Organization contends the discipline imposed
 was without just cause.
The record establishes that, on January 10, the Claimant did not report to work. Assistant Roadmaster Gunn testified he could see the Claimant asleep in the bunk car at around 10:00 A. M. Gunn further testified he concluded Claimant was drunk from his speech and the smell of alcohol. The organization disputes this testimony and argues the transcript clearly established the Claimant was unable to report for work because he was i11 with a flu virus.
It is acknowledged the Claimant did not see Dr. Limas until January 12, 1981. Notwithstanding the claim of illness, Dr. Demas' medical slip is devoid of any information which might support Claimant's assertion. This slip fails to identify Claimant's illness nor does it state if the Claimant's absence of January 10 was linked to or the same medical problem (as yet unidentified) diagnosed by Dr. Demas on January 12.
This Board is satisfied the evidence adduced is sufficient to support the discipline imposed. The Carrier's prime witness observed the Claimant's condition, and there is no basis for not giving such testimony its full weight. The proffered excuse of illness is not supported by the evidence, and the Claimant's abserre from work is uncontroverted.
            Award Number 24842 Page 2

                      Locket Number MW-24660


        FINDINGS: 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:
        Nancy J. v -Executive Secretary


Dated at Chicago, Illinois, this 8th day of June 1984