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

 STATF2WT OF CLAIM:
      Claim in behalf of Engineer R. E. Nevens, Union Pacific Railroad former Chicago and North Western Transportation Company, for compensation for all lost time including time spent at the investigation and that this incident be removed from Claimant's personal record when he was investigated on the following charge:


          "Your responsibility for your failure to properly perform your duties when you operated between Chicago Ridge to Landers on N&W mainline without a clearance at about 23:35 on 1/2/91 while operating as crew members on YYE Extra 80 on duty 2000, 1/2/91.'·


                        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
                                              ~~ w. x.383 ,qw~o - 5al

Claimant Engineer was the only member on his crew charged with the violation, which is basis for reversal, according to the Employees, as the conductor 15 also _11-able under the rules.
 An identical speeding case was decided in Award 12 of Public Law Board No. 2533 (Weston). .It was held as follows:

          "While an employee generally cannot

          evade responsibility because

          other employes may also be at

          fault substantial discipline

          is not appropriate where a marked

          disparity of treatment is

          clearly established by the record.

          We are disposed to give' the Carrier

          considerable latitude in assessing

          discipline for train movements

          because of its enormous responsibilities

          for safety. On the-.basis of the present

          record, however, we are satisfied that

          the claim must be sustained and the

          discipline set aside."

Under the dictum of the decision quoted above, we find similarly.

                          AWARD


      Claim is sustained.


                          ORDER

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

 Employee Member cariYer Meoer

                Chairman and I'_utral Member


Dated: ~"f = f~