Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 84'.54
SECOND DIVISION Docket No. 8439
2-SLSF-CM-180
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( Brotherhood of Railway Carmen of the United
( States and Canada
Parties to Dispute:
( St. Louis-San Francisco Railway Company
Dispute: Claim of Employes:
1. That the St. Louis-San Francisco Railway Company unjustly suspended
Carman Barry Montgomery, Pensacola, Florida, from service March 2,
1979,
following an investigation conducted on February 23,
1979,
in
violation of the Controlling Agreement.
2. That Carman Barry
Montgomery be
returned to service with pay for all
time lost and all rights restored as provided by Agreement Rules.
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 Division of the Adjustment Board haq jurisdiction over the dispute:
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Following an investigative hearing conducted in a fair and proper manner,
Claimant was dismissed from service on March 2, 1979 under charge of sleeping
while he was supposed to be on duty. The Carrier cited the Claimant as being in
violation of General Regulations B and C, which read in part as follows:
"B. Employes who are negligent or indifferent to duty
... will
not be retained in the service.
C. Employes must be alert, devote themselves exclusively
to the service, give their undivided attention to their
duties during prescribed hours
...
in matters pertaining
to their respective branches of the service."
Review of the record of the investigative hearing shows that a Carrier
supervisor, after looking for and failing to find the Claimant in his usual place
of work, discovered him in the trainmen's locker room and determined that the
Claimant was asleep. The Claimant's testimony as to his activity at that time
was not convincing to the Carrier and is not so to the Board.
Form 1
Page 2
Award No.
8454
Docket No.
8439
2-SLSF-CM-180
There is no need to consider the issue of severity of penalty since the
Carrier returned the Claimant to duty without pay for lost time on November
14,
1979.
There is no basis on which to interfere with the Carrier's original disciplinary
decision.
AWARD
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
BI
y
emarie Brasch
- Administrative
Assistant
Dated Chicago, Illinois, this 1st day of October,
1980.