Form 1 NATIONAL 13AA=oAD ADJUs`z'MIT BOA-RD Award No. 795
 SECOND DIVISION Docket No. 7850
 2-MP-FO-'79



Parties to Dispute: ( (Firemen & Oilers)

D ispute: Claim of L:nnr
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Findings:
The Second Div:i.u .on of the Adjustment Board, upon the whole record arid all the evidence, finds that:

 The carrier ox' carriers and. the erqa loge or elmloyes involved 'in ;his dispute are respectively carrier and orn~Waye within the meaning of the Rwi1v:y Labor Act as approved rune 21, 19311.

 This Division O-f the Adjustment Board has jurisdiction over the disrrzte involved here-in.

Cla:i.lr ant was suspended from service the morning of October 9, 1975, pending a fox~:uaZ :invvwtiga.t:LOn scheduled for and- held on October 14, 1975. Claimant -was eTlax':;ed ir3 `t;h. Sleepa.;i wilil.e or, duty dia.r:ing his third shift work a;;siEnment cc::4r?;.~.~.~:i_t~ at L:00 P;vI and undinz 7:00 AM on Octvbex' 9, 1975. Following the :LtZVestlga'tox;y hea.rinr-. C1a.im_a.nt i-.7-as adjudged guilty as charged and vr~:. d.imnissed frail service of tile Carrier effective October 17, l975.
 Form l Award No. 7965
 Page 2 Docket No. 7850
 2-h1P-FO-' 79
notified that a laborer's services were needed. In response to this reques, the supervisor com:ienced trying to locate the Cla.'zzr_al1t. Being unable to find Claimant in his assigned -c'rorh area, Cla-i1,lawt ` s supervisor proceeded to the employees' locker room i'inere he eventually discovered Claimant seated in u chair at. the end o' a double row of loc`ers. Upon observing Claimant -vms asleep in the chair, the supc:cvrdsot proceeded to the o1fice of the General. Foreman to apprise h:im of the .>itua,tion. Together, the supervisor and the General Poi man retur~ned. to the locker rco::z, stood close to Claanant and conver.:ed in normal v,onos about Cla.inant's sound sle~:s:, and then proceeded to awaken Cla,9zr:at:t by ca,:lSi:?; his, h.;;me in a lrwt.d voice. Tle Gene.-al Fore-man :instx°uc tad Claimant to nark off of work U.;; of 5: Z:-5 h~', October 9, 1975 a.nd. 1.21.'fOrlw'.Cx him that he VT'c1,5 SuspEI:C.'.PrJ from service pending a formal. 1nV2St4iga:i,'i_0;1,

 The OrCa,rriz2,t`!or! contend.; that Cla,'=a.:lt had secured permis5-ion from his supervisor to be in the loeke.~° room so ~:s to a:l.lo;a C~..;i~ra_rt, to ar:pJ_y raediCc.-ta.On t0 1115 ailing foot. The OY."c;c.I=7_Z`G'.tiC9r_'! w:C:kitIG'6;~.C:C7. 'c':S C'l.`-.;.1.?::;.-'Wt' 5 own ad-i:i:i.>S:!_Un that a.~: te;t' tE:ndil:`; to 11'l S foot, 1=a d-1-d., :Ltd. fact, pl-oceed to
fall a~le~.p, but s~:;5`y.s `JV tlsa-t C1a.. na nt's s1_ pine 5 i~,~.s '.nduoed i~;, Clai.::°.,r!t'
 hav:i.rlt; ta?-,en four (_+) of sixtceri (l6) a::!ti:b:iotic ;pilll,prescrsbed to h:in-I,
 during the brie pra.or to iris Cng to the locker roo;o in addition, the
 Organi_u,t:i.on arrm=ec Cla:it:ant v;as not given a, fair and iaipax'tial T-l.ea,ring.
defective, the cl a:aa s s totall~r lwhir_:in merit. C=arr`er denies ClaLrant 1~ ad
 pexTniSS'!.011 to be in the locker y room atKr t:irn_e the morrlin.g of Octoler 9, 1915a
 Rather, the C1_ai;==~j.ni:, according to Carrier 1:~:.d specif ically been vnstruc teal on
 preceed:i-I-!g nights that he was not allowed to go to the locker roar without
 first tern?esta.t2g pex^_;:is5ion to go from his supervisor. Carrier tahes the
 position that Sle~e_gil.on the j0b is a serious offense, especially when
 committed. by a short-Service employee such a5 the CIa:L^ant, whose tenure with
 the Carrier totals apu~roximatel;,,r eighteen (:L.8) months. In addition, Carrier
 points out that during the eighteen (l8) months of' Claimant's enplo,,71.r.ent,
 Cla-.'unant has co:!Ipiled. a very pour work rpcox'd, having, co_re:ritted a rnar_ber oz
 offenses including sleeping on the Job on ot)ner previ ow5 occasions. Finaa.l;;r,
 the Carrier asserts that Claimant was afforded a, fair and impartial hearing on
 October ll+, 1975.

 Upon examination of the record, the Board concludes the evidence sWstantially support;; the finding, of Claixnant's guilt adduced at the investigatory hearing of October '?..!-r, 1915. =iv is clear that the latest offense co!rmitted by CJ.a:Liiant, tLe subject of which is here before us for consideration, coupled with Cla:~.rnwmt's -fast offenses over the very short period of tune he v-as employed by Carrier, is nor e than a sufficient indication that Claimant was not diligent, but indeed negligent, in perf'oxmu.nce of his duties and that he lacked a serious attitude toward h~l.s work.

 It i. our belief that sleeping on the job is a most Serious offense for
 which Claimant ~ ws given due warning by Carrier on several other occasions.
 Form l Award TTo. 7965

 Page 3 Docket No. 7850
 2-MP-FO-'79

 Therefore, this Board does not :find the discipline assessed of dismissal the least bit harsh or excessive. Neither does this board find any action by the Carrier. in the handling of this claim at any level to have been arbitrary,; capricious or dis crirninato's°Sr. In findin.S Claimant received a fair and imparvial hearing, me rule to deny the instant clas.i;l.

    Cla:Lil denied.


                          NA^1TOTRL 11kFLIMA0 L_DJUST1.T-,1'7L BOARD

                          By Order of Second Division


Attest: Execv!tive Secretary
 Nati oraaa ;Pa:ilroad Adjustment Board

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                ° ~'iCL'..11.1.1:i_:'t:r'c;'~u1.'~'e ~-~:~:1N'..~nt


Dated it Chicago, Illinois, this 13th day of dune, 1979e