C:\AWARDS\OUT\2-08433.htm

Form 1 NATIONAL RAILROkD ADJUSTMENT BOARD Award No. 8433 SECOND DIVISION Docket No. 8317 2-RF&P-FO-'80

The Second Division consisted of the regular members and in addition Referee Higdon C. Roberts,

Jr.

when award was rendered,

( System Federation No.

Railway Employes,

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Firemen & Oilers)

( Richmond, Fredericksburg and Potomac Railroad Company

Dispute: Claim of Employes:

1. That in violation of the current agreement, Laborer Essam E. Attia was unjustly suspended from the service of the carrier on November 23, 1978 and dismissed from all service of the carrier following hearing held on November 30, 1978.

2, That accordingly the carrier be ordered to make Laborer Essam E.

Attia whole by restoring him to the carrier's service with all seniority

rights, vacation rights, and all other benefits that are a condition of

employment unimpaired, Compensated for all lost time plus 10%, annual

interest and also that he be reimbursed for all losses sustained account,

of loss of coverage under health and welfare and life insurance

agreements during the time he was unjustly held out of service,

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 employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Divisicn of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The claimant (Mr. Essam E. Attia) was found by foreman Galzerano lying down in a bunk in a caboose with his eyes closed during his normal working time. The foreman had gone looking for the claimant after he (the claimant) failed to answer a call. on the radio control,' After Mr. Galzerano first observed the claimant, he called for Mr. Snapp (police agent), v-ho responded and also observed the claimant lying dawn, eyes closed, on the bunk. The claimant did not respond until both the foreman and Mr. Snapp were in the cabin shining their lights on his eyes. Form 1 Award No. 8433 Page 2 Docket No. 8317 2-RF&P-FO-t80 The claimant admitted himself that he was probably asleep and may have been "snoring". He did not, at this time, mention he was in pain, or taking medication. This was forthcoming in the investigation as the reason for his lying down and his inability to notify control of his physical condition.

There is no question the claimant vas asleep on the job. We cannot excuse his failure to notify control on the basis of the evidence presented.

A WAR D

Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By s Tie Brasch - Administrative Assistant Iwo Dated at icago, Illinois, this 6th day of August, 1980.