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

 STATEMENT Of ChA.IM:
    Claim in behalf of Engineer J. S. Marusarz, 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 _fnllowing charge:


'Your responsibility for your failure to protect your assignment'as pool engineer, when you failed to be available when called for 8606 West (KSNAX 016) on duty 0730 at South Morrill on December 17, 1993." 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 Board is duly constituted by agreement and has jurisdiction of the parties and of the subject matter.
 ._ NO . 5-3~.~

                                                sera :vo -53~


Clai-ant was found res:casibl=_ fcr failure to protect
 ___ -.._ n= ;.-.`.e:: = failed c.. ._ ~ ~ _. ::ea called. as
 was disciplined with ten (10) days suspension.
 The record in this cases shows that the crew caller attempted to telephone Claimant one time. Phone usage records submitted by the Employees, and not disputed by the Carrier, do not indicate that Claimant's number was called on date in question.
 Under the circumstances stated above, the Board finds that the discipline assessed was without adequate foundation. The claim has merit.

                          ATDOZ


      Claim is sustained.


                            ~RL~BR

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

 Employee Member Carrier Memb

                  ' Chairm and N Itral Member


    Dated: ~-g~- f~'


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