Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7331
SECOND DIVISION Docket No. 7212
2-L&N-FO-`77
The Second Division consisted of the regular members and in
addition Referee James C. McBrearty when award was rendered.
( System Federation No. 91, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That under the Current and Controlling Agreement, Service Attendant
T. K. Price was unjustly dismissed from the service of the
Louisville and Nashville Railroad Company on August 21, 1975, after
a formal investigation was held in the office of Mr. R. L. Spain,
Staff Asst. to Manager, on August 12, 1975.
2. That accordingly, Service Attendant T. K. Price be restored to
his assignment at South Louisville Shops with all seniority rights
unimpaired, vacation, all Health and Welfare, Hospital and Life
Insurance rights be paid and compensated for all lost time,
effective August 22, 1975, at the pro-rata rate of pay.
Findings:
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, 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 entered Carrier's service on October 15, 1973 as a service
attendant at South Louisville Shops, and was so employed there in that
capacity at the time of the offense resulting in his dismissal.
On July 10, 1975, Claimant arrived 20 minutes late for work at 7:20 A.M.
Later that morning at 10:05 A.M. Claimant was found in the cab of locomotive
1559 "stretched out flat across the fireman's and brakeman's seats asleep."
An investigation into this matter was held on August 12, 1975. As a
result of the evidence adduced at the investigation, Claimant was dismissed
from Carrier's service by letter dated August 21, 1975.
Form 1 Award No. 7331
Page 2 Docket No. 7212
2-L&N-FO-'77
A review of the record in this case reveals that Claimant admitted he
was sleeping between 10;05 A. M, and 10;25 A.M., and three
(3)
witnesses saw
Claimant sleeping. In addition, Claimant had been found sleeping on prior
occasions, and Claimant had received one written and four verbal reprimands
for assorted offenses such as poor attendance, poor work habits, and failure
to perform his duties, over the period February 18, 1975 through June 17,
1975.
Consequently, in view of the admitted offense, and Claimant's poor
prior record, this Board can find no basis for disturbing Carrier's
discipline. Therefore, the claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
< ~-~.t'-~ .
osernarie B rasch - Administrative Assistant
Dated at Chicago, Illinois, this 12th day of July, 1977.