PARTIES Brotherhood of Maintenance of Way Employes
 _TO
 DISPUTE: and
 Consolidated Rail Corporation
 STATEMENT 1. Carrier violated Rules Agreement effective
 _OF
 CLAIM: April 15, 1944, as amended, particularly Rule 5,
 when it assessed discipline of dismissal on Track
 Foreman Angel Gonzales, December 23, 1977.
 2. Claimant Gonzales' record be cleared of the
 charge brought against him on November 14, 1977.
 3. Claimant Gonzales be restored to service with
 seniority and all other rights, unimpaired and be
 compensated for wage loss sustained in accordance
 with the provisions of Rule 5-a.
 FINDINGS: Claimant, an employe with four years service, was
 dismissed for absenteeism. The evidence establishes
 that he was absent without permission and did not
 ,;-_2 a 3 1hV 0 . 3 ~' report off duty on five working days in October 1977 and eight days during the following month. In the main, this evidence consists of claimant's own testimony.
 In assessing the amount of discipline to be administered, it was not inappropriate for Carrier to consider claimant's prior record, including the discipline-administered to him in February 1975, March 1976 and April 1977 for previous absences without permission.
 In the light of this record, we find no persuasive basis for interfering with the disciplinary action administered by Carrier. Despite Petitioner's vigorous contentions to the contrary, we are satisfied that there is evidence to support Carrier's findings and dismissal decision. We agree with the Organization's contention that no reference to prior discipline should be made in the charge served upon claimant. That defect, however, is not prejudicial in this case since no objection to the charge was made at the outset of the hearing and claimant admitted that he had been absent without permission on the dates in question.

 AWARD: Claim denied.







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