PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The discipline (censure) imposed upon Track Laborer M. L. Peterman for alleged violation of ·Rule 665· on June 2, 1981 was without just and sufficient cause and on the basis of unproven charges (System File C-21-81/MW-440).
(2) The censure imposed upon the claimant shall be removed from his personal record.
OPINION OF BOARD: Claimant M. L. Peterman, a Track Laborer, was served with
 a June 4, 1981, notice of Investigation to ascertain the facts
 and determine responsibility for Claimant's failure to protect his assignment on
 June 2, 1981. The Investigation was held on June 12, 1981, and on July 10, 1981,
 an entry of censure was placed in Claimant's personnel record.
Claimant may well have had a valid reason for not reporting to duty on June 2, 1981. However, a review of the record establishes that Claimant did not secure permission to be absent, and did not contact the Carrier in timely fashion to say that he could be unable to report for duty that day. There was substantial evidence in the record to sustain the Carrier's determination to discipline Claimant. The penalty of a censure was not excessive.




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.

                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: Ame- dff=
 Nancy ~her - Executive Secretary
        Dated at Chicago, Illinois, this 30th day of April 1985.