Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28164
THIRD DIVISION Docket No. CL-28511
89-3-88-3-433
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 January 14, 1987 effective that date;

2. Carrier shall now restore Mr. Pufpaf to service with his seniority and all other rights unimp a result of this dismissal from service 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.



This case represents the final discipline in a series assessed Claimant for his allegedly markin Division Awards 28161, 28162, 28163.) An Investigation was held in absentia on December 30, 1987, and Claimant was subsequently dismissed from Carrier's service. The dates of Claimant's absences in this instance were October 29, 30, 31, 1987, and November 5, 6, 7, 12, 14, 19, and 20, 1987. Claimant called in sick ten times and worked six days during this period. Each of his absences occurred when Claiman Form 1 Award No. 28164
Page 2 Docket No. CL-28511
89-3-88-3-433

Once again, Carrier found the medical documentation presented by Claimant to be insufficient, with no statement by a proper medical representative indicating that he
All of the major arguments in Claimant's defense were addressed fully in the prior Awards cited above. We found Carrier to have had sufficient cause to have arrived at the decision it did in those instances, as we do here. We also find that Claimant received proper notice of his hearing on December 30, 1987.

Carrier has complied with basic tenets of progressive discipline in an effort to have Claimant modify his behavior, but was clearly unsuccessful. Under the circumstances, Carrier's decision must stand.






                          By Order of Third Division


Attest:
        Nancy J r -.Executive Secretary


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