(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The National Railroad Passenger Corporation ( (Amtrak) - Northeast Corridor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
"(1) The dismissal of I-pairman T. F. Smith for alleged violation of Rule 'K' was without just and reasonable cause (System Locket 465D).
(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 had about five years of service with the
 Carrier as a trackman, and, at the time of dismissal, was assigned as Maintenance of Way (MW) Repairman with gang B-112, on Carrier's Baltimore Division. On June 21, 1982, he was notified by Carrier's Equipment Engineer to report for trial beginning at 9:00 A. M., July 1, 1982, on the charge:.







The trial was conducted as scheduled, with Claimant present and represented. A transcript of the trial has been made a part of the record. Following the trial, Claimant was notified on July 12, 1982, of his dismissal from service.
The Board has carefully reviewed the transcript of the trial. There was substantial evidence in support of the charge. The record also indicates that Claimant was previously cautioned abut his absences in January, February and March, 1982.
The contention is made that all of Claimant's absences were due to illness. We agree that bona fide illness is a proper excuse for being absent. However, the Carrier is entitled to notice of any absence, and Claimant was clearly negligent in this respect.
                    Locket Number MW-25751


From our review of the entire record in the dispute, we have concluded that Claimant should be given one last chance to return to carrier's service, with his former seniority, provided that he can satisfactorily pass such physical but without any compensation for tine lost while out of service. Claimant should understand, however, that the purpose of this award is to give him one last chance to become a reliable and dependable employe; that it is expected that his work attendance record will improve, and if necessary for him to be absent for a valid reason, such absence must be handled strictly in accordance with the rules involv
        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.


                          AWARD


        Claim sustained in accordance with the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
        Nancy J. Dever - Executive Secretary /


Dated at Chicago, Illinois, this 22nd day of August 1985. /
                                        fJ! i