Parties to Dispute: ( Carmen


                    ( Southern Railway Company


    Dispute: Claim of Employes


            1. That under the current Agreement, Carman H. L. Dannard, Macon, Georgia was unjustly dismissed from service June 29, 1973.


        2. That accordingly the Carrier be ordered to return Carrran

        H. L. Dennard to service with all rights unimpaired including

        benefits under Travelers Insurance and that beginning June

        29, 1973 he be paid for all time lost.


    Findings:


~'~11 The Second 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 employe 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.


        Parties to said dispute were given due notice of hearing thereon.


    Claimant, a regularly assigned Car Inspector at Carrier's Brosnan Yard, Ma con, Ga., was charged with "failure to perform your duties inasmuch as you were found to be sound asleep in the north carmen's locker room while there was work to be performed in the train yard". At the hearing held relative to the foregoing charge, Car Foreman R. I. Manry and General Foreman R. J. Jones testified that being unsuccessful in their attempt to communicate with claimant via the radio at approximately 2:15 AM on June 29, 1973, they thereupon proceeded to the north shack where they found claimant sound asleep on a bench. in the locker room with a rolled up coat under his head at the same ti.Ethat c!r inspector work remained to be performed in the train yard. Claimant admits that he was laying down on a bench in the locker room but denies that he was asleep. Rather, he states that he had taken medication for pain from a tooth that had been extracted and he was giving it time to take effect. Based on the evidence adduced at the hearing claimant was dismissed from service with the Carriez.

      i


        Form 1 Award No. 7010

        age 2 Docket No. 67711

        2-SOU-C?4-' 76


      The issue for this Board to determine. is whether clainant was dismissed for just and sufficient cause as required by Rule 34 of the governing Agree ment between the parties. There was substantive evidence adduced at the hearing to uphold the charge preferred against the claimant. And, in the opinion of this Board, such substantive evidence was not adequately rebutted by the claimant.


      Having established that claimant was asleep in the locker roan on the morning in question, Carrier examined claimant's prior service record and concluded therefrom that dismissal from service was justified. It is indeed true that claimant's disciplinary record is far from laudatory. Since entering Carrier's employ in November, 1967 he has been reprimanded for improper work performance, excessive absenteeism and tardiness. Furthermore, this was claiwant's second offense of being found sleeping while on duty. Based on claimant's past service record his dismissal was neither arbitrary, unreasonable, nor excessive.


      Yet, this Board is inclined to grant claimnt one last opportunity to prove that he should remain in Carrier's employe. He is hereby put on notice, however, that this Board considers his service record with the Carrier to be

. woefully inadequate and that if he wishes to continue as a Carrier employee
      his record must drastically improve. If this does not occur then Carrier,

      upon proof of continued dereliction of duty, will certainly act within their

        ""~`'`~ managerial discretion in dismissing claimant from service. Claimant is, therefore, ordered restored to service but without any compensation for wages lost while so held out of service.


                                A WA R D


          Claim sustained to the extent indicated, supra, in the Findings.


                                NATIONAL RAILROAD ADJUSTMENT BOARD

                                By Order of Second Division


      Attest: Executive Secretary

      National Railroad Adjustment Board


By ,~,.°,~;~? _- · ' x,...
 Psemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 24th day of February, 1976.