PUBLIC LAW HOARD N0. 3765,
CONSOLIDATED RAIL. SYSTEM FEDERATION
 Parties BROTHERHOOD OF Ma1ANCE OF WAY EMPLOYES
 to the Case No. 17
 Dispute Va. Award No. 11









        Claimant C. P. Flowers, a Trackman in Carrier's employ was charged ,


    as follows:


            .. to determine your responsibility, if any, for '

          alleged excessive absenteeism and tardiness on the

          following dates: ..

                        -2- 37~,f~ ~/


            Tuesday -July 17, 1984 - 1~ hours. Wednesday - July 18, 1984 - 8 hours Thursday -July 19, 1984 - 8 hours Friday -July 20, 1984 - 8 hours Tuesday -July 24, 1984 - 8 hours Wednesday - July 25, 1984 - 31 hours Thursday -July 26, 1984 - 1 hour

            Monday -July 30, 1984 - 8 hours Tuesday -July 31, 1984 - 8 hours Wednesday - Aug. 1, 1984 - 8 hours


    Claimant's past record is as follows:


    11-22-79 30 Demerits Disobeying a direct order

    from a superior.

    7-07-80 25 Demerits Absent without authority

    for a three--week period.

    10-22-81 3 Days Suspension Failure to protect his assign

    ment on two dates.

    11-17-81 32 Days Suspension Misuse of company gasoline.

    6-30-82 10 Demerits Failure to protect his posi

    tion on four dates.


      8-23-82 5 Days Suspension Failure to protect assign

      ment and absenteeism on four

      dates.

      7-29-83 20 Demerits Excessive absenteeism cover

      ing nine dates.

      5-25-84 5 Days Suspension Excessive absenteeism cover

      ing seven dates.


    A hearing into the charges was held on September 12, 1984. Claimant


was found guilty as charged and dismissed from Carrier's service on

 October 1, 1984. This Board has reviewed the record of this case
 -3
 .4i3

          and must conclude that Carrier is not required to keep an employe with Claimant's record on its payroll. Claimant has been a troublesome employe almost from the first month he was hired. Carrier acted appropriately in this instance.


AWARD

The claim is denied.


                R. E. Dennis, Neutral Member


W. E. LaRue, Fhploye Member R. ien, Carrier Member

 late of Adopt