(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman W. J. Ard for alleged 'failure to protect your assigned position since Thursday, April 7, 1983, or notify anyone in authority concerning your absence and inability to protect your assignment' was without just and reasonable cause and unwarranted (Carrier File 013.7).
(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 was formerly employed by the Carrier as
 a trackman. He was dismissed from service by
 Carrier's Manager, Engineering and Maintenance, effective April 14,
 1983, for failure to protect his assigned position since April 7, 1983.
 A hearing in behalf of Claimant was requested by representatives of the
 Organization. The hearing was scheduled for May ti, 1983, but was post
 poned and conducted on May 27, 1983.
A transcript of the hearing conducted on may 27, 1983. has been made a part of the record. There seems to be no question that Claimant was absent from work on April 7, 8, 11, 12, 13 and 14, 1983. Some of the absences, such as the one on April 7, 1983, may have been excusable, but others were not. The Claimant was absent without permission or notice.
In the handling of the dispute on the property and in its submission to this Board, the Carrier has pointed out Claimant's prior record with respect to absenteeism, five suspensions and three dismissals. An employe's past record may always be considered in arriving at the discipline to be imposed for a proven offense.
Considering the entire record before the Board, there is no proper basis to interfere with the discipline imposed by the Carrier.




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;
                    Docket Number MW-25870


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 er - Executive Secretary


Dated at Chicago, ,Illinois this 30th day of January 1986.