PARTIES Brotherhood of Maintenance of Way Employes
 76-
 DI`9PUTE: and

STATEMENT Claim of James A. Frye who was dismissed from
 =M: service as a result of a hearing held on
 January 11, 1978, on account of his unauthorized
 and unexplained absences from duty on
 December 12, 20, 21, 28 and 29, 1977.

 FINDINGS: By reason of the Agreement dated June 14, 1979, and
 upon the whole record and all the evidence, the Board
 finds that the parties herein are employe and carrier within the
 meaning of the Railway Labor Act, as amended, and that it has
 ,jurisdiction.

 Claimant was properly notified of the hearing before this Board held on March 11, 1980. He did not appear. He was properly and adequately represented by the Employes herein.

 The record shows that at the investigation hearing held on January 11, 1978, Claimant admitted that he was absent from work on December 12, 20, 21, 28 and 29, 1977 without permission, without prior notice to the Carrier and that he did not make known his intention to be absent. The record also shows that the Claimant had a record of excessive absences. He was given a ten day suspension from June 7 through June 21, 1977 for being absent without permission and without prior notification. In 1977 he was absent a total of twenty-nine days without permission and without notifying the Carrier.

 There are no mitigating or extenuating circumstances to ,justify a modification of the discharge penalty. And he was an employe of the Carrier for only two years and three months.
 JOLQ S245D-

 Award No. 5 Docket No. 5
 page 2

 Upon this record, the Board finds that the Carrier did not violate the Agreement and that the claim has no merit.

 AWARD

 Claim denied.


 DAVID LIII





W. . COMISKEY, Carrier m

 DATED: 14x 1 9 p0


 WILLIAM E. L RUE, Employe Member