Form 1 NATIONAL RAILROAD ADJUSTMENT BOAM Award No. 77+2
 SECOND DIVISION Docket No. 7485
 2-L&N-N1A-' 78



Parties to Dispute:

Dispute: Claim of Employes:

 Claim in behalf of Machinist George Steele, Gentilly Yard, New Orleans;, for pay fox all time lost, seniority rights, vacation, insurance, and all other rights unimpaired, beginning with that period of time Mr. Steele was relieved from duty on October 28, 1975, pending investigation, and. his dismissal from the Louisville & Nashville Railroad Company, effective February 12, 1976, until the matter is settled.

 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 ox 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.

Claimant was dismissed on the grounds that, on specified dates, he was observed sleeping on duty and that he gave false information. The latter charge is based on Carrier's allegation that Claimant left his job on the dates in question before completing his assignment and still claimed a full day's pay fox these days.

 A discussion of the facts contained in this voluminous record would serve no useful purpose at this tune. Suffice it to say that this Board concludes from the record that the evidence is not conclusive with respect to the charge of sleeping on duty on all the dates cited in the charge. In addition, Claiman't's testinony at the formal investigation that he had received authorization from key supervisory of'f'icials to leave the job prior to his scheduled quitting time was not challenged, nor did Carrier call any of the named Carrier officials to refute Claimant's statement that he had received pennission to leave before the end of his shift.
 Foam 1 Award No. 77+2
 .Page 2 Docket No. 7+85
 2__mA_ t 78

 The Board, accordingly, is of the opinion that the penalty of discharge is too severe in the instant situation. Claimant has been out of Carrier's service for a prolonged period. Given the particular circumstances of this cases we believe that the discipline meted out to Claimant has served its purpose, and we therefore direct that Claimant be restored to service, out without; back pay.




                          By Order of Second Division


Attest: Executive Secretary
 National. Railroad Adjustment Board

                            .a.

    R~sema,rie Brasch - Administrative Assistant


Dated t Chicago, Illinois, this 2 gth day of November, 1978.