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

 STATEMENT OF CLAIM: Appeal of Assistant Foreman J. H. Stevens to have thirty (30) days actual suspension removed.

 FINDING: The Carrier, subsequent to an investigation held in absentia, found the Claimant guilty of failure to properly protect his assignment on three separate days in January 1982.

 While this Board does not relish reviewing an investigation in which the Claimant did hot participate, we note that he was represented and that he had been adequately notified of the hearing. Under these circumstances, his failure to appear was at his own peril.

 Our close review of the transcript shows that, irrespective of the Claimant's self-imposed absence from the investigation, it nonetheless was conducted in a fair and impartial manner.

 With respect to the substance of this matter, we are satisfied that the evidence developed at the investigation substantially supports the Carrier's findings that the Claimant was absent without permission. Given his past record, the measure of
 Page 2 PLB 3514 C-66/A-65

 discipline decided upon cannot be considered harsh. The Claimant has a history of excessive absenteeism. Accordingly, under the facts and circumstances here, the claim must fail.

 AWARD
The claim is denied.

 F. DomzaWi
 rier MeiGber

 Dated: JUN 21 P05

Eckehard Mue ig

Neutral Member


J~. P.~ Cassese

Employee Member