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

 STATEMENT OF CLAIM: That Trackman M. O'Connor was unjustly dismissed from the service of the Carrier, and that he be reinstated to the service with seniority rights and other benefits unimpaired and with compensation for all lost time while out of service.

 FINDINGS: The Claimant was given proper notice to attend a hearing to be held on October 30, 1981, concerning allegations surrounding his absences from work. Although the Claimant did not appear at the hearing, it was held in absentia. Subsequent to the hearing, the Carrier found that the Claimant had failed to report to duty on five days in October 1981. On this finding of guilt and in view of the Claimant's past attendance record, the Carrier dismissed him.
 The organization vigorously argues-before the Board that the Claimant was improperly charged for being absent on certain dates while actually off on a suspension. Accordingly, it asserts that a portion of the charge was improper and should not have been used by the Carrier.
 The Board, while it understands, and is not unmindful of the organization's arguments, finds that the Carrier has met its
 PLB No. 3514 C-51 A-51
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 burden of proof with respect to the basic charge. Given the limited service of the Claimant, and the fact that he had been previously warned with respect to protecting his assignment, we will not disturb the penalty assessed.

 AWARD
The claim is denied.

 F,. If. Domz ski 89~rier~ 4E~r

 Eccehard Muess
 Neutral Member

J. P. Cassese

Employee Member


APR 11 W5