PARTIES Brotherhood of maintenance of Way Employes
 1'0
 DISPUTE: and

STATEMENT The dismissal of Trackman Larry height was ex
 OF
 C1.A1M: cessive, arbitrary arid capricious. He should
 be restored to service with seniority and all
 other rights unimpaired and compensated for all
 wage loss suffered as a result or the dismissal.
 FINDILJGS: Claimant was dismissed on June 19, 1984 jar ex-
 cessive absenteeism . The record establishes that he had been absent to an unreasonable extent in 1983 and through April 2, 1984. For that absenteeism, he was suspended for five days in 1983, ten days on two occasions, march 27 and April 3, 1984, and 30 day_ on April 19, 1984. It may well be that Carrier was extremely patient in those instances and afforded claimant due opportunity to,improve his attendance. Certainly, massive absenteeism, whatever its cause, is a basis for heavy discipline and even dismissal. An employer cannot validly be required to retain any person in its employ who is not available for steady service.
 SBA - 956
 Award No. 14

 Carrier did not elect to dismiss claimant on those occasions, but instead waited until June 19, 1985 to take tnat extreme disciplinary action against claimant. By that time, nowever, claimant's attendance had shown marked improvement. From April 2, 1984 until his dismissal,-no more than two absences could be charged against him.

 It clearly was error-for Carrier to move to dismiss claimant on the gasis o£ prior absenteeism for which he had already been disciplined, aria two additional absences over a period o£ more than two months. We are not suggesting that the two days of abSence do not call for discipline when the earlier record is taken into conbideration. our holding is that dismissal is excessive in these circuiustances.
 Carrier will be directed to return claimant to. its service with seniority rights unimpaired. The claim will be denied in all other respects. Claimant is warned to use this opportunity to show that he can be relied on for conscientious service.

 AWARD: Claimant reinstated with seniority rights unim-










                Special Board of Adjustment No. 956


PARTIES Brotherhood of maintenance of Way Employes
 _TO
 DISPUTE: and

              New Jersey Transit Rail Uperations Inc.


STATEMENT The dismissal of Trackman Larry height was ex
 OF
 CLAIM: cessive, arbitrary and capricious. He should
 be restored to service witn seniority and all
 other rights unimpaired and compensated for all
 wage loss suffered as a result or the dismissal.
 FINOIAGS: Claimant was dismissed on June 19, 1984 for ex
 cessive absenteeism.
 The record establishes that he had been absent
 to an unreasonaLle extent in 1983 and through April 2, 1984.
 For that absenteeism, he: was suspended for five days in 1983,
 ten days un two occasions, March 27 and April 3, 1954, and 30
 days on April 19, 1984.
 It may well be that Carrier was extremely patient
 in those instances and afforded claimant due opportunity to,im
 prove his attendance. Certainly, massive absenteeism, whatever
 its cause, is a basis for heavy discipline and even dismissal.
 An employer cannot validly be required to retain any person in
 its employ who is not available for steady service.
 SBA - 956
 Award No. 14

 Carrier did not elect to dismiss claimant on those occasions, but instead waited until June 19, 1985 to take tnat extreme disciplinary action against claimant. By that time, nowever, claimant's attendance had shown marked improvement. From April 2, 1984 until his dismissal,-no more than two absences could
 be charged against him.
 It clearly was errorfor Carrier to move to dismiss claimant on the gasis o£ prior absenteeism for which he had already been disciplined, ana two additional absences over a period of more than two months. We are not suggesting that the two days of absence do not call for discipline when the earlier record is tdken into consideration. Our holding is that dismissal is excessive in these circunustaiices.
 Carrier will be directed to return claimant to its service with seniority rights unimpaired. The claim will be denied in all other respects. Claimant is warned to use this opportunity to show that tie can be relied on for conscientious service.

 AWARD: Claimant reinstated with seniority rights unim-

                paired but without..back pay. To be effective


                within 30 dyyz.


                Adopted at Newark, N. ,l., // /9 1985.


                    ti 31d ri. Weston, Chairman


      arrier Pi t1Jjer Employee Member