Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28161
 THIRD DIVISION Docket No. CL-28500
 89-3-88-3-399
 The Third Division consisted of the regular members and in
 addition Referee Charlotte Gold when award was rendered.
 (Transportation Communications International Union
 PARTIES TO DISPUTE:
 (The Belt Railway Company of Chicago

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

1. Carrier violated the effective agreement when, following an investigation on September 17, 19 day suspension from service against Mr. John Pufpaf;

 2. Carrier shall now rescind the discipline assessed, shall compensate Mr. Pufpaf for all time l and shall clear his record of the charge placed against him."

 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.

Following his assignment as a Janitor Relief No. 2 on July 22, 1987, Claimant who had been furloughed since 1981, was to begin working five days a week. Carrier alleges that, as of that date, Claimant proved himself unwilling to perform full-time on 14 dates between July 23 and August 20, 1987, and failing to be available on July 22, 1987. In the subsequent handling of the Claim, Carrier modified its charge and concluded that Claimant had marked off under false pretenses on 13 dates.
 Form 1 Award No. 28161
 Page 2 Docket No. CL-28500
 89-3-88-3-399

 On three days during the week, Claimant's assignment began at 6 AM. On the two other days, it began at 3:30 PM. Carrier noted that of his 13 absences, twelve involved the 6 AM assignment. (During the entire period between July 22 and August 20, Claimant worked only seven days.) Carrier believed that since Claimant marked off as much as three and one-half hours before his 6 AM starting time and never less than one hour prior to the morning assignment, he was t While the organization alleged that Claimant had a bona fide illness, Carrier concluded that he was relying on outdated medical records from 1981 and a report filled out by a nurse dated July 24, 1987, that gave no indication that Claimant had undergone an examination. Further, Carrier disputed Claimant's contention that he had given medical evidence to the Personnel Department.

 The Organization in this case questions Carrier's decision to charge Claimant with marking off sick under false pretenses rather than citing him in accordance with Rule 62 1/2. All other employees with absentee problems have been subject to the provisions of this Rule. Claimant was in fact issued a letter pursuant to the Rule but it was subsequently withdrawn. The Organization believes that Claima
The Board notes that Rule 62 1/2 outlines a special procedure for handling problems of excessive absenteeism. Section 62 1/2 (q)(1) states:

In the instant case, Claimant was not charged with excessive absenteeism, but rather with markin does not state that any case involving the subject of absenteeism in general must be handled under its provisions, only cases involving the specific subject of excessive absence parties addressed the issue of those who are absent and falsely claim benefits under the Rule. They are subject to the "applicable discipline rules of this Agreement." This is just one example of how an absence-related issue, other than excessive absenteeism, may be handled under the regular disciplinary procedure. In Claimant's case, Carrier found that he was absent and that the pattern of his absences was such that it could only conclude, given the lack of any verification of an illness during the period in question, that the reasons for his absences were bogus.

 This Board has reviewed the entire record and we can find no basis for overturning Carrier's decision. The discipline assessed was neither arbitrary nor capricious.
 Form 1 Award No. 28161
 Page 3 Docket No. CL-28500
 89-3-88-3-399




                          By Order of Third Division


Attest: ~z AVOW
 ~1 ncy J. -Executive Secretary

 Dated at Chicago, Illinois, this 16th day of October 1989.