Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28570
 THIRD DIVISION Docket No. MW-29019
 90-3-89-3-443
 The Third Division consisted of the regular members and in
 addition Referee Barry E. Simon when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The ten (10) working days of actual suspension imposed upon Assistant Foreman D. A. Murphy for alleged failure to properly protect work authorities on September 8, 1988 between DG Cabin and Limeville, Kentucky, was harsh and unjust (System File C-D-4572/12(88-1007 COS).

 (2) The Claimant shall have his record cleared of the charge leveled against him, he shall be paid all wage loss suffered and have ten (10) days credited toward his vacation qualifying time."

 FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Before leaving work on September 7, 1988, Claimant, an Assistant Foreman, received authority from the control station to perform track maintenance work the following permitted to do so by the employee in charge, which was Claimant.

 At 7:10 A.M. on September 8, 1988, while two trains were stopped and attempting to contact the employee in charge, the Roadmaster became aware that Claimant was not at work. Claimant was subsequently found at the lodging facility, where he stated that he was too sick to go to work.
 Form 1 Award No. 28570

 Page 2 Docket No. MW-29019
 90-3-89-3-443

 Claimant subsequently received a ten day suspension for failure to properly protect his work authority. At his Investigation, Claimant acknowledged that he had an oppo work, but failed to do so. Based upon this testimony, we conclude that the Carrier had just cause to issue the discipline.




                          By Order of Third ^ivision


Attest:
        Nancy J. a -Executive Secretary


Dated at Chicago, Illinois, this 27th day of September 1990.