Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7890
SECOND DIVISION Docket No.
754+
2-CR-CM-'79
The Second Division consisted of the regular members and in
addition Referee Abraham Weiss when award was rendered,
( System Federation No,
109,
Railway Employes'
( Department, A. F, of L. - C. I. 0,
Parties to Dispute: ( (Carmen)
Dispute: Claim of Ern~loyes:
( Consolidated Rail Corporation
That under the controlling agreement, Coach Cleaner L. W. Green
was unjustly dealt with when he was assessed with a thirty (30)
day actual suspension fro·_n the services of the Reading Company,
cozianencing August
28, 1975.
(b) That accordingly, Coach Cleaner L. W. Green is entitled to be
compensated for all wage loss that resulted from his unjust and
improper thirty (30) working day suspension. That he be compensated
for all other benefits attached to his employment, plus
interest on all monies due him.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
as1
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, a Coach Cleaner, was given a 30-day suspension for sleeping
while on duty. On the night in question, a zuezriber of Carrier's Police
Department found Claimant asleep on an upper floor of Carrier's Terminal
building, a. location removed from his job assignment and. work area.
At the investigation, Claimant stated that he was eating his lunch
when Carrier's security police found h;_r,_. But Claimant's Foreman testified
that employees had two designated lunchroon:u-.-which did not include the
room in which Claimant was found--and that Claimant's duties would riot tape
him to the upper floors of the Terminal building.
Form 1 Award No.
7890
Page 2 Docket No.
75Zt-4
2-CR-CM-'79
The record shows that Claimant had been verbally reprimanded on several
prior occasions for being away from his assignment.
We find that Claimant was guilty of the charges and that the 30-day
suspension was not unreasonable. We will., therefore, deny the claim.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTP4ENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
os marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 19th day of April,
1979·