Form
1 NATIONAL RAILROAD ADJUSTMENT BOARD
Award No. 714)+
SECOND DIVISION Docket No. 7011
2 -N&W-C M-'
76
The Second Division consisted of tile regular members and in
addition Referee Nicholas H. Iumas wven award was rendered.
( System Federation No. 16, Railway Err+ployes'
Department, A. F. of L. - C, 1. 0.
Parties to Dispute: ( (Carmen)
(
( Norfolk and Western Railway Company
Dispute: Claim of Employer:
1. That Carrier unjustly assessed Carman
WT
Tonelli a ten (10) day
deferred suspension on July 22,
197)+,
as a result of investigation
held May 21,
197+.
2. That Caxx~er be ordered to rescind discipline assessed Caiman W.
Tonelli by removing the ten (10) day deferred suspension from his
personal service record.
Findings:
. ,
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employs or employes involved in this
dispute axe respectively carrier and employs within the meaning of the
Railway Labor Act as approved June 21,
193+.
This Division of the ,adjustment Board has jurisdiction over the
dispute involved herein.
Parties to
said.
dispute waived right of appearance at hearing thereon.
Claimant was assessed a ten day deferred suspension for beixag asleep
on duty. There was testimony by two Carrier officials th t they observed
Claimant for a period of approximately 20 minutes from 2:~0 a.m. to 3:00 a.m.
with his eyes closed leaning back on the window on the driver's side of a
vehicle.
Claimant contended that he was not asleep. Rather he testified that
he was drowsy, nauseated and his eyes hurt. There was testimony from other
witnesses to the effect that the vehicle in which Claimant was sitting had
a defective exhaust system and gave off gas fumes. There was other testimony,
however, that the window on the passenger side was rolled down.
Form 1
Page 2
Award No-
7 144
Docket No. 70-11
2-N&W-CM-"To
Despite the conflict in testimor~y , Carrier has presented substantive
evidence of probative value that supports its action. As we have said many
times before, it is not our province -to re.~solve conflicts
in
testimony.
A W A R. D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second
Division
By
8099:4
W
Ra emarie Branch - Administrative
Assist t
Dated at Chicago, Illinpis, this 15th day of October,
x.976·