Case No. 3 8


PARTIES TO DISPUTE:

 Brotherhood of Maintenance of Way Employees
 vs.
 Norfolk and Western Railway Company

 STATEMENT OF CLAIM:

      1. The carrier violated the effective Agreement dated February 1, 1951, on November 15, 1977, when it dismissed claimant R. C. Arwood from service.


      2. The dismissal of the claimant was too severe and unwarranted. The claimant now be restored to service with seniority and benefits unimpaired and payment allowed for the assigned working hours actually lost, less any earnings in the service of the Company .


FINDINGS-

 This This Board upon the whole record and all the evidence finds that:

 The Carrier and the employee involved in this dispute are respectively Carrier and employee within the meaning of the Railway Labor Act, as amended.

      This Board has jurisdiction over the dispute involved herein.


OPINION:

      Claimant was hired May 31, 1977, as a Laborer. During the


period-from July 1 to September 14, 1977, the Claimant was absent

 fourteen (14) days. According to the Carrier, be was issued
                      . Awd. l#38 - 1837


three (3) letters -- one each in July, August.and September,
 L977 -- warning that such absences would not be tolerated;
 the Claimant admits receipt of one 6n July 25,'L977, but in
 dicates he changed residences. shortly thereafter. The Claimant
 asserts aedieaL problems for three of the dates of absence
 and car trouble='for the remainder, _ but offered no timely proof.
 According to the Organization, removal was excessive, unwarranted and. not constructive discipline; the Organization argues. furthe=that the Claimant was not. afforded. a fair and impartial hearing.
 We find no merit to the Organization's defenses and consider the Carrier's. decision to-remove fully justified. The
    - , . . . due.

Claimant admits that not only did he recieve a-letter warning
 of impending severe discipline, but that he was talked to by
 his supervisor in this regard.

 AWARD:
      Claim is denied.


                ,w U-~t


                J mes F. Scearce

                eutral Member


      l~ l A

      Edwards W. E. LaRue .

Carrier Member Organization Member.
 Dated a ' - this ./~ay of ijL~ IC16

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