PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO ) DISPUTE) BROTUERHOOD OF MAINTENANCE OF WAY EI~ULOYES

 STATEMENT OF CLAIM: That the Carrier's decision to assess Claimant Northern Division Trackman M. G. Simmons ten demerits after investigation December 10, 1984 was unjust; That the Carrier now expunge ten demerits from Claimant's record, reimbursing him for all wage loss and expenses incurred as a result of attending; the investi-ation December 10, 1984 because a review of the investi,:Ltion transcript reveals that substantial evidence was not introduced that indicates Claimant is guilty of violation of rules he was charged with in the Notice of Investigation.

 FINDINGS: This Public Lau, Board No. 1582 finds that the parties
 iel~r~n are Carrier anal employee within the meaning; of the i!ailway
 Labor Act, as amended, and that this Board has juricdiction.

 In this dispute the claimant was notified to attend a formal investigatior, in.Fort Worth, Texas, December 10, 1984 regarding his alleged failure to protect his assignment as track-man an Section . 22 Dallas on November 19, 1984.

 The claimant testified that he was on the way to work when he lwd carburetor trouble on Highway 45 (Interstate) and that lie was shaken from the accident and failed to contact anybody at the Roadmaster's office and made no attempt to call the Division office. He admitted that he was absent without authority.

 Under the circumstances herein, the claimant made no effort to advise the Roadmaster's office or the Division office that he would be unable to report for work. There is no justification for seutiii the discipline aside.

 AWARD: Claim denied.



1)ater! at Chicago, ILlinole
 January 14, 1995 Carrier M .i er