Form 1 NATIO1IAL
RAILROAD ADJUST';:adT BOARD Award No.
8155
SECOND DIZTISICN Docket No. 7)?9
2-UP-YA-' '79
The Second
Division
consisted of the regular merbers and in
addition Referee George S . Roukis when award was rendered.
( International Association of T.tachinists and
( kerospane V'iorkex~s,
Parties to Disuute
(
( Union Pacific Railroad Company
Dispute: Claim of F3maloyes
1. That under -the terns of the Agreement , R. D. M~axrell was unjustly
dismissed from sex-vice of the Union Pacific
Railroad Company
on
May 19, 1977.
2 .That, accord
inr;ly,
the Carrier be
ordered
to rel nstate c lair n t
to his former position :pith all sF.rvice rights, seniori,y and
pay for all
-time lost from Carrier service retroactive- to
December 27, 1973.
Findings: 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 employee involved in this
dispute are respectively carrier and employe within the reanirg 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 rigbt of appearEuice
ut
heari.zl; `hereon.
. Claimant was charged with violating Rules "B" and "702" of Form 71,80,
Rules and Instructions of the ?Motive Pvrer ad Machinery Department after he
was found sleeping in a locomotive cab on April 17, 1977 at approximately
4:20 A.M.
An investigative
hearing
;was held on 1aay 5, 1977, pursuant to Agreement
Rule 37, at which time he was found guilty of the charges and dismissed frcm
service effective, close of shift, ";'ay 19, 1977. This disposition is now
before us.
Form 1 Award TSo.
8155
Page 2 Docket 1'o.
7979
2 UP-1rfA-'
79
In reviewing this case, the Board finds that the investigative transcri,'Pt
solidly supports the charges. Claimant was discovered by two (2) supervisors
in a reclining position and asleep in the Engineer's seat of locomotive Sr>401,
contrary to Carrier's performance requirements. The infraction was confirmed
by the local chairman's acknowledgement that claimant did not deny falling
asleep.
Inasmuch as this Board has found sleeping on duty to be a dismissable
offense, we find that claimant's past employment record and the apparent non
volitional nature of his conduct warrants a penalty modi'-1_cation-
While we do not countenance this type of behavior and, in fact, consider
it to be a serious dereliction of duty, we believe that claimant's satisfactory
work record and the particular circumstances of his infraction justifies our
determination.
His dismissal should serve as sufficient and commensurate punishment
for this first time offense and thus reflect a more judicious application of
progressive disciplinary principles.
We will restore him to service with all rights unimpaired, but without
back pay and expect that he will diligently observe the r°o-ies v~,tnd regulations
governing his employment.
AWARD
`Claim sustained to the extent expressed in the opinion.
NATIONAL RAILROAD ADJUSTTENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
f% Rdsemarie Brasch - Administrative Assistant
Dated /at Chicago, Zl-l.inois, this 31st day of October,
1979.