Marty E. Zusman, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (Consolidated Rail Corporation


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

 1. The five (5) days of suspension imposed upon Repairman G. L. Allbritain for alleged 'Failure Ohio on April 18, 1983, April 22, 1983, April 28, 29, 1983' and the five (5) days of suspension imposed upon him for alleged 'Failure to report for duty at Canton MW Shop Canton, Ohio on May 11, 25, 1983, and reporting for duty after your starting time on May 10, 1983, June 1, 1983, and leaving work before quitting time on May 13, 1983' was excessive and without just and sufficient cause (System Docket CR-614).

 2. The claimant's record shall be cleared of the charges leveled against him and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: The case at bar involves two separate sets of charges
 wherein Claimant was alleged to have reported late, left
 early and been excessively absent from his employment responsibilities. Claim
 ant was found guilty of the charges in both instances and for each one assess
 ed a five (5) working days suspension.

 A review of the record on property substantiates the Carrier's argument that the Claim is proced Claimant's defense thereof, that a five day extension was granted is not backed by evidentiary suppo
Even if arguendo, the technical Rules were aot violated, and this Board maintains that they most certainly were, the case would lack merit. The Transcript of each Hearing substantiates the charges of excessive absenteeism. The evidence documents that the Claimant in each case had established a record of absences which seriously questioned his dependability. In each case, Claimant had been counseled and quitting early, as well as absenteeism. In each case Claimant continued to be absent. There is absolutely nothing in the record or testimony by the Claimant which in any manner mitigates guilt. It should be noted that disregard for employment respo resulted in dismissal (Third Division Award 24797; Second Division Awards 10333, 10129, 10128).
                      Award Number 26387 Page 2

                      Docket Number MW-26288


        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 Claim is barred.


                        A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:

        Nancy J. e r - Executive Secretary


Dated at Chicago, Illinois, this 25th day of June 1987.