.,.,-- Award Number 26399



                  (Brotherhood of Maintenance of Way Employes


    PARTIES TO DISPUTE:

                  (National Railroad Passenger Corporation

                  (Amtrak - Northeast Corridor)


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


    1. The dismissal of Trackman D. A. Booker, Jr. for alleged 'Excessive Absenteeism' was without j the Agreement (System File NEC-BMWE-SD-1238D).


    2. The claimant shall be reinstated with seniority and all other rights unimpaired, the charge leveled against him shall be removed from his record and he shall be compensated for all wage loss suffered."


    OPINION OF BOARD: By charges dated February 20, 1985, and after Hearing

    initially scheduled for February 26, 1985, and ultimately

    held on March 12, 1985, Claimant was dismissed from service by letter dated

    March 26, 1985, for excessive absenteeism on January 23, February 8, 11, 13,

    and 15, 1985. Claimant asserts that on January 23, 1985, he was required to

    _ attend a court Hearing; on February 8, 1985, he was granted permission to leave work early; and on the remaining days he was absent due to an abscessed tooth and dental appointments for treatment of that condition.


    The Organization's argument that the Hearing was scheduled outside of the 30 day time limit in Rule 71(a) thereby precluding the consideration of those dates more than 30 days prior to the scheduled Hearing date is without merit. Claimant was cited promptly after the last incident. The charge of excessive absenteeism, by its nature, is one that must be developed over a period of time. See Second Division Award 10148; Special Board of Adjustment No. 986, Case No. 10.


    Similarly, the Absenteeism Agreement of October 26, 1976, does not, as the Organization argues, prohibit the Carrier from charging employees with excessive absenteeism. The Absenteeism Agreement speaks only of unauthorized absences and the type of discipline that the Carrier can impose when an employee is guilty of that offense. That Agreement does not concern itself with excessive absenteeism and "under its several management rights, the Carrier has the authority t excessive absenteeism." Special Board of Adjustment No. 986, Case No. 3. Here, in less than four weeks Claimant was absent on five separate occasions. Notwithstanding the legitimacy of the absences, the record supports the Carrier's determination that


    Nevertheless, after consideration of the entire record and the circumstances presented, we find Therefore, Claimant shall be returned to service on a last chance basis with seniority unimpaired, but without compensation for time lost.

                      Award Number 26399 Page 2

                      Docket Number MW-27187


        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 discipline was excessive.


                        A W A R D


        Claim sustained in accordance with the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: °

            _ n.

            1'r /r

      Nancy J. Dever - Executive Secretary


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

 _ L-_.Ka·.