Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28727
 THIRD DIVISION Docket No. MS-28961
 91-3-89-3-358
 The Third Division consisted of the regular members and in
 addition Referee James E. Mason when award was rendered.

 (R. Duguay PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

 "(1) The suspension from June 30 to August 18, 1988 of Railroader R. Duguay for allegedly being absent without authority on June 30, 1988 was without just and sufficient cause, arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement.

 (2) The Carrier violated the Agreement when it refused to afford the Claimant his right of appeal as set forth in Section VI. 'Discipline', following a hearing which was held on July 13, 1988.

 (3) As a consequence of the violations referred to in either Part (1) and/or Part (2) above, Mr. R. Duguay shall be paid for all wage loss suffered and his record shall be cleared of the charge leveled 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.

As Third Party in Interest, the United Transportation Union was advised of the pendency of this dispute and filed a Submission with the Division.

 This case is a companion to Third Division Award 28726. The fact situation, the arguments and contentions, the responses by Claimant relative to his willingness to proceed at the Hearing, etc. are the same or very similar to those found in Th of that Award are, by reference, made a part of this Award and are dispositive of the issues in this case.
 Form 1 Award No. 28727
 Page 2 Docket No. MS-28961
 91-3-89-3-358




                          By Order of Third Division


Attest: yt~dnl-·
      Nancy J pE4er - Executive Secretary


Dated at Chicago, Illinois, this 28th day of March 1991.