(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it improperly closed the service record of Mr. B. J. Congioloso (System File C-TC-1634/MG-4007).

 (2) The claimant shall be returned to service with seniority and all other rights umimpaired and he shall be compensated for all wage loss suffered beginning April 5, 1983."

 OPINION OF BOARD: The record in this case as it was made in the handling on
 the property does not in and of itself support the Organi
 zation's Claim. Further, the record does not bear evidence that Claimant made
 a sincere attempt to comply with the requirement of the Agreement to protect
 his seniority by making proper arrangements to be excused from physically
 reporting on the tenth day. On the other hand, the Carrier has offered no
 evidence to show that past application of the Rule requires that an employe
 physically report and commence work on or before the starting time of the
 tenth day. Accordingly, we will Award that Claimant's name be restored to the
 seniority roster with his seniority unimpaired, but without compensation for
 any time that may have been lost.

 Upon notice of restoration, Claimant shall comply with all applicable Agreement Rules pertaining to retention of seniority.



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


                  A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
      Nancy J.A~Kr - Executive Secretary


Dated at Chicago, Illinois, this 12th day of December 1985.