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

 STATEMENT OF CLAIM: Appeal of Trackman Mark Amatelli to have ten (10) days suspension removed.

 FINDINGS: Subsequent to a trial, which was held in absentia, and after it had been postponed once, the Claimant was found guilty of failure to properly secure welding equipment. For this offense, he was suspended for ten (10) days.
 This Board has stated on a number of occasions that it does not lightly deal with an investigation in which the Claimant does not participate. In the instant case, we note that the Claimant was -adequately noti:fied'of'the'hearing and'he'was" duly' represented._ Under these circumstances and after a close review of the total record and evidence before us, we find that the proceedings were conducted in a fair and impartial manner.

that the evidence developed at the investigation substantially -
 supports the Carrier's findings that the Claimant did not properly
 protect the equipment entrusted to him. The evidence shows that
 he had been instructed to take welding equipment either to his home
 or to a Carrier official. The Claimant did neither and the equip
 ment disappeared.
 Page 2 C-76/A-87

 The Board has no legitimate basis to set aside the discipline

 assessed and the appeal is denied.

 AWARD
As specified in the findings.

 F.-'J. Domzalski
 (Ca rr ie r6gembe r

Ecke and Muessig

Neutral Member


/P. P: Cassese mployee Member

 JAN 23 1985