Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 876)1
 SECOND DIVISION Docket No. 8805
 2-SPT-CM-'81
 The Second Division consisted of the regular members and in
 addition Referee David H. Broom when award was rendered.
 ( Brotherhood Railway Carmen of the United States
 Parties to Dispute: and Canada

Dispute: Claim of Em loyes:


That the Carrier be ordered to:

 (a) Restore the aforementioned Claimant to service with all service and seniority rights unimpaired, and he be compensated for all time lost retroactive to October 30, 1978, the date he was removed from service.

 (b) Grant to the Claimant all vacation rights he would have enjoyed, had he not been removed from service.

 (c) Assume and pay all premiums for hospital, surgical and medical benefits for Claimant and dependents, including all costs for life insurance.

 (d) Pay into the Railroad Retirement Fund the maximum amount that is required to be paid for an active employe, for all time he is held out of service. Plus, that Claimant be granted any and all benefits he would have- enjoyed had he not been removed from 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 Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Form 1 Award No. 8761
 Page 2 Docket No. 8805
 2-SPT-CM-'81 low

 On October 30, 1978, Mr. Hopper was working as a Carmen Apprentice at Sacramento, going on duty at 7:00 A.M. in the Stripping Area of the Car Shops. At about 10:00 A.M., General Foreman Byron R. Parker received a call from Claimant Hopper's foreman advising him that Hopper was asleep in a car. Mr. Parker, accompanied by Departmental Car Foreman A. R. Kimmel, drove to the Stripping Area and discovered Claimant in an open box car lying down with his eyes closed. Their efforts to get his attention confirmed that he was asleep. They woke him and engaged him in conversation until they determined he should be removed from service and charged with violation of Rule G and Rule 810, such rules reading as follows:







Formal investigation was conducted on November 30, 1978, and as a result thereof Mr. Hopper was discharged. We have reviewed the record and find no

 justification for altering the Carrier's judgment in the matter. -

 The testimony of Messrs. Kimmel and Parker constitutes clear and convincing proof that Claimant was in violation of both rules on the date in question. Certainly a strong inference is raised that claimant consumed alcohol during the 3 hours he was on duty, but in any event it is fully apparent from his condition as described by the two witnesses that he consumed alcohol while subject to duty and was intoxicated when confronted by his superiors.

 We further find that the formal investigation was fairly and properly conducted. Contrary to the Union's contention, Mr. Hopper was given full opportunity to develop his defense.

    Claim denied.


                            NATIONAL RAIIROAD ADJUSTMENT BOARD

                            By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

    _ . . .- ~_


By _
 semarie Brasch -Administrative Assistant

 Dated at Chicago, Illinois, this 2nd day of September, 1981.