Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28061
 THIRD DIVISION Docket No. MW-28508
 89-3-88-3-320
 The Third Division consisted of the regular members and in
 addition Referee Barry E. Simon 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 dismissal of Laborer J. L. Cooper for 'unexcused absences' was arbitrary, capricious and an abuse of the Carrier's discretion (System File 300-383).

 (2) The Claimant shall be reinstated to service with seniority and benefits unimpaired, his record cleared of the charges 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.

At a formal Investigation, Claimant admitted that he was absent without permission on the sevent record shows that Claimant had been previously warned about his absenteeism problem. Under the circumstances, his dismissal for this offense was neither arbitrary nor unreasonable.




                              By Order of Third Division


Attest: Gy~/
 ' Nancy J. 33 -Executive Secretary

 Dated at Chicago, Illinois this 10th day of August 1989.