Form 1
NATIONAL RAILROAD ADJUSTMENT
BOARD
SECOND DIVISION
Award No.
7869
Docket No.
7802
2-caw-Ew-' 79
The Second Division consisted of the regular members and in
addition Referee Herbert
L.
Marx, Jr., when award was rendered.
Parties to Dispute:
Dispute: Claim of Fmployes_:
( System Federation No.
76,
Railway Employes'
( Department, A. F. of
L. - C. I. 0.
( (Electrical Workers)
( Chicago and North Western Transportation Company
1. That under the current agreement the Carrier unjustly assessed
Electrician H. E. Diggs with a five
(5)
working day suspension.
That, accordingly, the Carrier be ordered to compensate
Electrician H.E. Diggs in the amount of five
(5)
days 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 ap.z~earance at hearing thereon.
After a properly conducted investigative hearing, Claimant was given
a five-day disciplinary suspension for "sleeping in cab of loco=:otive
880
while employed as an electrician on first shift of Council Bluffs Diesel
Shop on September 27, 1977, at approximately
8:30
a.m."
The record shows that Claimant eras observed "sitting in the engineer's.
seat with his head down on the control stand." This observation occurred
three or four tines over a period from
8:30
a.m. to
9:25
a.m. There is no
reason to question the validity of Carrier's conclusion that Claimant was
sleeping during this period, or at least in a position of complete repose,
at a time when he should have been at wore. the discipline imposed is not
harsh, and there is no basis on which the Board should interfere with the
Carrier's action.
Form 1
Page 2
Clam
denied
Attest: Executive Secretary
National Railroad Adjustment Board
A W A R D
Aura No.
7869
Docket No.
7802
2-C 8Nw-Ew-
179
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
/41
By
Dated at!
Marie Bxasch - Administrative Assistant
Chicago, Illinois, this 7th day of March,
1979.