Form 1 NATIONAL RAILROA-D ADRTLMT?ENT BOARD Auard No. 8154
 SECOND DIVISION Docket No. 79 77
 2-CR,-BM-' 79



parties to Dispute: ( (Boilerr~xkers)
 (
 ( Consolidated Rail Corporation

 Dispute: Claim of Emnloyes:

        1. That Boilermaker Marc E. Johns was improperly dismissed from service following investigation held on August 18, 1977.


        2. That accordingly the Carrier be ordered to reinstate the aforementioned Boilermaker, to service with all seniority ri?hts unimpaired, all lost ;:aces, Healidb ands i7elfare, Life Irzurance, Vacation and Holiday pay now in effect and any additional benefits that may be negotiated as a result thereof jantil he i s restored to service.


F"endings:
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 employees involved in this dispute are respectively carrier and ermloye :jri+_hin the meaning of the Railway Labor Act as approved June 23., 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.


Claimant entered carrier service or, October 12, 1976. 'lie was assigned as a Boilermaker at the Stanley Diesel Terminal in Toledo, Ohio, at the time of this incident, with a tour of duty from 11:00 P.M. to 7:00 A.R,,t. .

 As a result of his being found sleeping while on duty with traces of alcohol on his breath, he was simultaneously served with an out of service notice, effective 2:40 A.M., August 14, 19,17 and Form G - 250 requiring him to attend an investigative hearing on August 18, 1977.
 Form 1 Award T:o. 8154
 page 2 Docket ~'-io. 7977
 ` 2-GR-Bii-' 79

    Specifically, claimant was charged with the following offenses:


1. Sleeping, at approximately 2:40 A.M., on Sunday, August 14, 1977 during your regular tour of duty as a Boilermaker at Stanley Diesel Terminal which began at 11:00 P.M.., August 13, 1977 and would have ended at 7:00 A.M., on August 14, 1977.

 2. Violation of Safety Rule 4002 wnich reads, "Narcotic Medication and/or alcoholic beverage must not be used while on duty or within 8 hours before reporting for duty."

 3. Being out of your assigned work area, at approximately 2:40 A.M.,, Sunday, August 14, 1977, during your regular tour of duty as a Boilermaker at Stanley Diesel Terminal which began at 11:00 P.M., August 13, 1977 and would have ended at 7:00 A.M.., August 14, 1977.

 Although he acknowledged receipt of Form G - 250 on August 14, 1977 and understood the nature and purpose of the proceeding, he failed to appear at the investigation. He was, however, represented by a union official. Based on the investigative record, Carrier found him guilty of the specifications and di&u.ssed him from service. This disposition is presently before us.

 In reviewing this case, the facts are- uncUs lyxted that c?air-.~nt was found sleeping on the roof of the Stanley Diesel Shop. it was an impermissible act and not mitigated by the circu-niztances of his wssigniuent. Three (3) eye witnesses testified that claimant explicitly admitted that he had been drin's:ing that night and was aware of the significance and implication of Safety Rule 4002. Their testimony was unrefuted.

 In view of such compelling and uncontroverted evidence and claimant's short term tenure and prior disciplinary record, this Board has no alternative, other than to sustain Carrier's dismissal penalty. Our consistent holdings that sleeping on duty is a dismissible offense is further compounded in this instance by claimant's self acknowledged alcoholic usage. (See for example Second Division Awards 4629, 6372, and Third Division Award 19977). It ill serves the industry to condone this t;~,?e of workplace deportment, particularly, where as here, we are statutorily vested with a public interest responsibility. The~claim is thus denied.

                      A W A R D


    Claim denied.

    NATIOIZAZ RAILROAD ADJUSMENT BOARD By Order of Second Division Attest: Executive Secretary

        Na tional Railroad Adjustment Board /'


By .~-·~.e.=,-r.--~...~,;~ :..t.-,~.=--_

      os marie Brasch - Admiriis trative Assistant


Dated at hicago, Illinois, this 31st day of October, 1979.