Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28208
 THIRD DIVISION Docket No. SG-28405
 89-3-88-3-186
 The Third Division consisted of the regular members and in
 addition Referee Marty E. 2usman when award was rendered.

 (Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

 "Claim on behalf of J. Dunn, for reinstatement to service with all time lost and benefits paid, account of Carrier violated the current Signalmen's Agreement, as amend absentia and did not afford him a fair and impartial hearing." Carrier file SIG-SAC-37-D.

 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 postponements, a formal Investigation was held on March 6, 1987, into allegations that the Claimant had violated Rule 603 prohibiting employees from having firearms on Carrier property and conduct Rule 607 which prohibits quarrelsome behavior. Claimant was unable to attend the Investigation due to incarceration Claimant that he had been found guilty as charged and was dismissed from Carrier's service.

 During the progression of this Claim on the property, the Organization argued that Claimant was The Organization's position was that inasmuch as Claimant was not present to face his accusers and to consider the testimony of witnesses, Rule 59 (Investigations) of the Agreem
The Board finds no language within Rule 59 that supports the Organization's position. Although t was represented. There can be no question from this record that Claimant was guilty as charged. There is sufficient probative evidence that Claimant showed a gun and engaged in Form 1 Award No. 28208
 Page 2 Docket No. SG-28405
 89-3-88-3-186

 Finding no violation of Agreement Rule 59 or language which would require the Claimant's presenc the facts of this case, Carrier's dismissal of the Claimant is fully supported by the record (Third Division Awards 26006, 21299).




                              By Order of Third Division


Attest: ,
        Nancy J. -Executive Secretary


Dated at Chicago, Illinois, this 20th day of November 1989.