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

1. Carrier violated the terms and provisions of the current Clerks' Agreement, particularly Rule 21, when on date of August 10, 1983, the Carrier issued Discipline Notice /11825 to L. E. Stevens, Clerk, Kansas City, Missouri, assessing him a 60-day actual suspension effective upon the completion of his assignment A on August 5, 1983.

 2. Carrier shall now be required to compensate Clerk L. E. Stevens for all time lost as a result of the 60-day actual suspension and that his record be cleared of such entry."

 OPINION OF BOARD: Claimant was notified to report for a formal Investigation
 to determine his responsibility if any, for the failure to
 call an Engineer to protect a vacancy. After postponements, the Investigation
 was held on August 5, 1983. The Claimant was notified by letter dated August
 10, 1983, that he had been found guilty as charged and was assessed sixty (60)
 days actual suspension.

 With respect to the merits of the case the Board finds sufficient evidence present to warrant the conclusion that the Claimant is guilty as charged. Claimant's assignment was 11:00 P.M. to 7:00 A.M. the morning of June 30, 1983. On his shift, he was to be aware of vacancies on the Crew Board and to fill those vacancies. Vacancies are noted with a blank where the name should be and boxed in red. The Chief Crew Dispatcher indicates he circled the Engineer vacancy in red the day before and notes that the particular vacancy was known f a vacation. Claimant denies noticing that the vacancy was outlined and admits not filling the vacancy. Clearly, the Investigation provides sufficient evidence that the Claimant failed to review the Crew Board for blanks and to call an Engineer to protect an assignment. The probative evidence supports the Carrier's findings of guilt.

 This Board has carefully reviewed the assertions made in the record on property. It finds no evidence to substantiate that the vacancy was boxed in red after the Claimant turned over his schedule to the Chief Crew Dispatcher. This Board does not it find that the lack of testimony by the employe the Claimant relieved, in any manner relieves the Claimant from his responsibilities herein. The
                        Docket Number CL-26137


Claimant acknowledged that he was required to call the vacancy. That vacancy could have been noted by a blank space or a red box. He did not note the blank or the red box and in either event, was responsible for the failure to call the Engineer by 6:00 A.M. as charged. See Third Division Award 26035.

 Having determined that the Claimant did not fulfill his responsibilities, the only question left imposed reasonable discipline. In this regard, an employe's service record can and should be considered to maintain progressive discipline. Third Division Awards 25251, 19037. actions in this case compel the Board to find that the discipline was fully warranted. This Board will not disturb the Carrier's action.

        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:

        ancy J er - Executive Secretary


Dated at Chicago, Illinois, this 13th day of May 1987.