Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8137
SECOND DIVISION Docket No. '7653
2-WP EW-' 79
The Second `Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Federation No. 117, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Western Pacific Railroad Company
Disputes
Claim of E.=loves
1. That under the current Agreement, Mechanical Department
Electrician G. V. Lemieux was unjustly treated when he
was dismissed from service on February 23, 1977, following
investigation for alleged sleeping on duty on Unit `h7P-3007
at approximately 4:40 a.m. on Friday, January 28, 1977.
2. That accordingly, the Carrier be ordered to:
(a) Restore the aforesaid employe to service, with all
service and seniority rights unimpaired, compensate him
for all time lost and with payment of 6% interest added
thereto.
(b) Pay employe's group medical insurance contributions,
including group medical disability, dental, dependent's
hospital, surgical and medical, and death benefit premiums for all time that the aforesaid employe is held out
of service.
(c) Reinstate all vacation rights to the aforesaid employe.
Find i-r;gs
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 employ within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Form 1
Page 2
Award
No.
8137
Docket No. 7683
2-WP-EW-179
The record shows that on Januarf 28, 1977, the Claimant was observed in
the early morning hours on the floor of an engine cab for several minutes;
such observation being verified by more than one witness. The Claimant admits
as much, but asserts he was in a sitting position for the purpose of putting
drops into an eye -- a claim apparently not raised at the time of the incident.
Carrier witnesses, in contrast, contend he was
laying
down with his arm used as
a headrest. The Organization asserts a variety of defenses: the charge was
not precise; no special rule was cited as being violated; the Carrier was purposefully looking for "sleepers;" and, the charge was not proven, given the lack
of light in the area involved. A careful review of the record fails to reveal
a basis for affirming any such defense. As to the imposition of removal as
discipline, we note that the Claimant was no stranger to this problem, having
been si;spended for sleeping some fourteen months prior. We find no basis to
disturb the Carrier's judgment in this case.
A
W
A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
J
~.~''
.~./-~Ro emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 17th day of October, 1979.