Form 1

NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7890
SECOND DIVISION Docket No. 754+
2-CR-CM-'79





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.



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.






                          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·