PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
IZ) The dismissal of Trackman D. Barrett for excessive absenteeism was without just and sufficient cause (System Locket NH-101).
(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: Claimant has a service date of June 15, 1972. According
 to the Carrier's witness, he was absent without explanation
 October 28, 1981 and then again November 3rd, 5th, 6th, and 9th because of
 problems associated with his daughter's schooling. Additional absences
 November 16th, 17th, 18th, 19th, 20th, 23rd, 30th and December 1st, 2nd, 3rd
 and 4th were without notice or reason. Barrett also missed December 7 and 9,
 1981, or a total of eighteen days from November 28th through December 8th, and
 155 days throughout 1981.
Although the record shows that notice was received at Mr. Barrett's home December 31, 1981, he did not appear at his January 5th Hearing. Notice had been mailed December 28th. At the onset of the January 5th Hearing the Organization representative asked for a postponement because of Barrett's absence.
Claimant had previously been suspended for ten days for absenteeism of twenty days during April, May and June, 1981, had received a warning for a single day's absence in February, 1980 followed by another written warning for being absent without permission on six days during August, 1980. This warning had been preceded by a September, 1979 warning for four days of absence in August, 1979 and Barrett had also received warnings for absenteeism dated July 3, 1979 and June 6, 1979.
A close analysis of the facts does not establish that Claimant received notice of the Hearing. The return receipt for the certified letter was signed by a Bernice Barrett and there was no showing what relationship the signer had to Claimant. While Claimant had an abysmal attendance record and while discipline for poor attendance may be assessed irrespective of the reason when there are a sufficient number of absence occurrences, we find that the trial should have been postponed in order that Claimant could have had a chance to appear and explain the reasons for his absences.
                    Award Number 25200 Page 2

                    Locket Number MW-25417


Claimant is to be reinstated with full seniority but, in view of his attendance record, without back pay.
        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 discipline was excessive.


                        A W A R D


        Claim sustained in accordance with the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
 Nancy J. er -.Executive Secretary
        Dated at Chicago, Illinois, this 11th day of January 1985.


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