(Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES 7b DISPUTE:
 (Chicago and North Western Transportation Company

1. Carrier violated the terms of the current Agreement, particularly Rule 21, when it dismissed from service Mr. Lloyd Stevens, account of investigation held on July 2,
2. Carrier shall be required to reinstate Mr. Lloyd Stevens to service with all rights unimpaire record be cleared of any reference to the charges and discipline assessed him."

 OPINION OF BOARD: Claimant was a Crew Caller at Des Moines, Iowa. On June
 12, 1984, at approximately 7:35 P.M., Claimant was given instructions by Dispatcher L. H. Elyea to call a Crew for 10:25 P.M. for Train KSPRA at Trenton, Missouri. At approximately 10:30 P.M., Claimant received a call from Trainmaster G. K. Wilson inquiring about the Crew in question. Claimant informed Wilson that he forgot and had not called the Crew when instructed to do so and tha as soon as possible. The Crew was called and reported at approximately 11:30 P.M. resulting in a one hour delay of the train as a result of Claimant's failure to make the call.<
Claimant's record shows extensive prior discipline including letters of reprimand and suspensions for being late for assignments and failure to properly perform duties. day suspension for failure to call an Engineer to protect a yard vacancy.

 Upon a close examination of the record and the evidence adduced at the Hearing, we are satisfied that there is substantial evidence to sustain the Carrier's decision to terminate Claimant's employment. Claimant clearly forgot to call the Crew as instructed, the result of which was a delay in the departure of the train. Although the parties take opposite positions on whether the Crew was rested we find that dispute immaterial to the disposition of the Claim since we are satisfied that the question of rest was not a part of the consideration on Claimant's part as to why he did not call the Crew as instructed. Claimant
                      Docket Number CL-26574


simply did not call the Crew when and as instructed. If the Crew was not rested as asserted by the O Claimant when called, Claimant could have so informed his superiors and other arrangements could have been made.

 Nor do we find that the discipline imposed was excessive as urged by the Organization. Claimant has exhibited prior similar conduct which progressive discipline has been prior record can be considered in assessing whether or not the discipline imposed is arbitrary, disc
        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 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 24th day of November 1986.;7