Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27296
THIRD DIVISION Docket No. MW-26398
88-3-85-3-129
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


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

(1) The ten (10) days of suspension imposed upon Repairman L. L. Mackey for alleged 'Failure to report for duty at Canton M/W Shop, Canton, Ohio, on October 11, 12, 1983, and October 21, 1983, which in light of your previous attendance record (Absent 4/27/83, 5-6, 10, 11, 12, 13, 17, 25, 1983, 6-10, 13, 30, 1983, 7/14/83, 8-3, 19, 30, 31, 1983, 9-1, 2, 6, 7, 14, 26, 29, 1983, early quit 3/30/83, 7/25/83, 7/29/83, 9/12/83, 10/10/83) constitutes excessive absenteeisms' was arbitrary, capricious and on the basis of unproven charges (System Docket CR-666-D).

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

FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



The Claimant was assessed a ten (10) day suspension after a finding by the Carrier that he had been excessively absent from the work place.

The evidence shows that the Carrier has met its burden of proof in matters such as this. Under the circumstances, and because the Claimant had been previously disciplined for excessive absenteeism, the ten (10) day suspension cannot be considered to be excessive.
Form 1 Award No. 27296
Page 2 Docket No. MW-26398
88-3-85-3-129






                              By Order of Third Division


Attest: 6~ " z " :5 : ,
        Nancy J. -Executive Secretary


Dated at Chicago, Illinois, this 12th day of August 1988.