PARTIES Consolidated Rail Brotherhood of Maintenance
 to Corporation and of Way Employes
 DISPUTE:

 STATEMENT OF CLAIM: That Trackman R. Polite was unjustly dis
 missed from the service of the Carrier, and that he be reinstated
 to service with seniority rights and other benefits restored and
 with compensation for all lost time while out of the service.

 FINDINGS: Subsequent to an investigation,.the Claimant was found
 guilty of failure to report for duty on December 11, 1980. The
 Carrier then considered the Claimant's past record, which included
 a series of unauthorized absences, and concluded that dismissal of
 the Claimant was warranted.
 The Claimant was on furlough and did not appear at the hearing, although the record shows that he was notified with respect to the charge and date of hearing. The Organization's representative at the hearing requested a postponement of the hearing until the Claimant returned to work from his furlough status.
 The Board, while it generally does not consider investigative proceedings in which the Claimant does not participate to fully serve the parties' best interests, nonetheless finds under the circumstances here that the Claimant's due process rights were not
 PLB No. 3514 C-45 A-45
 Page 2

 violated. He was put on proper notice of the charges and date of
 hearing, and his failure to appear at the hearing was of his
 choosing and at his own peril.
 With respect to the substantive matter under dispute, the evidence is conclusive that the Claimant did not properly protect his assignment on December 11, 1980. Accordingly, given the Claimant's past attendance record, which was not a good one under any reasonable standard, the Carrier's action cannot be considered arbitrary or capricious.

      The claim is denied.


F~ Domzals" Ecke and Mue ig J. P. Cassese
 Car ier M Neutral Mer er Employee Member

 APR 11 1986