BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
 VS. ) Parties to Dispute
 I
 UNION PACIFIC RAILROAD COMPANY )

 3TAN'r' Of CLAIM:
      Claim in behalf of Engineer M. L. Moore, Union Pacific Railroad former Chicago and North Western Transportation Company, for compensation for all time lost including time spent at the investigation and this incident be removed from Claimant's personal record when he was investigated on the following charge:


        "Your responsibility in connection

        with your failure to be available

        for call at approximately 1:00 a.m.

        Sunday, April 17, 1988, for Train

        DMKAA, on duty at 3:30 a.m. while

        you were assigned to the Engineers'

        South Pool at Des Moines, Iowa."

        FINDINGS


Upon the whole record and all the evidence, the Board finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that the
 ~LQ No . 6 -383 -9-ruD - 5/ (·

 Board is duly constitued by agreement and has jurisdiction of the parties and of the subject matter..
 Claimant Engineer was found responsible for failure to be available for call from the inactive list.' He was disciplined with five (5) days suspension.
 The transcript of investigation shows that a call rule for not less than two (2) hours was in effect. Claimant was not available when called fifteen (15) minutes before the two (2) hour limit.
 The record indicates sufficient effort was made to call Claimant although it is controversial as to whether the last attempt was as near to two (2) hours as it should have been. Of greater concern to the Board is the uncontested statement by the Employees that a witness, who was a supervisory employee, told Claimant at the end of the investigation that he would get five (5) days suspension. A witness should have one
                                              Pt /3 No. 5-383

                                              Awes - 5l l0


function only and not perform duties of a judge and jury. The discipline here must be set aside.

                        8M=


    Claim is sustained.


                        ORDER


The Carrier is ordered to make this Award effective within thirty (30) days from the date shown below.

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G c~ (/~ t. /hue.- /
 Employee Member Careier Mem er

                  Chairman and Neu al Member


Dated: ~~ ff