Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9034
 SECOND DIVISION Docket No. 9006
 2-CR-FO-182
 The Second Division consisted of the regular members and in
 addition Referee Robert W. McAllister when award was rendered.
 ( International Brotherhood of Firemen and Oilers
 -Parties to Dispute:
 ( Consolidated Rail Corporation

 Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer W. P. Alcendor
 was unjustly dismissed from service of the carrier following trial held
 on September 26, 1979.
 2. That, accordingly, the Carrier be ordered to make the aforementioned
 W. P. Alcendor whole by restoring him to Carrier's service, with seniority
 rights unimpaired, made whole for all vacation rights, holidays, sick.
 leave benefits, and all other benefits that are a condition of employment
 unimpaired, and compensated for all lost time plus ten (10°%) percent
 interest annually on all lost wages, also reimbursement for all
 losses sustained account of coverage under health and welfare and life
 insurance agreements during the time he has been 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 Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The Claimant, a laborer, with twenty-two months of service was dismissed in all capacities by letter of October 16, 1979, wherein the offenses outlined were:







The investigation was held as scheduled on October 16, 1979. The Organization protests the dismissal as arbitrary, capricious, unjust, and an abuse of managerial
 Form 1 Award No. 9034
 '?age 2 Docket No. 9006
 2-CR-FO-182

 discretion. The record shows that Shop Superintendent Stayer instructed Foreman Guyer he wanted the roof washed on #6248. Foreman Guyer looked for the Claimant for approximately twenty minutes in order to assign him to the work. Thereafter, Guyer twice had Claimant paged. Guyer informed his superiors that he could not find the Claimant. Subsequently, General Foreman Reeser located the Claimant in the cabin of Locomotive 6159, which was on the west 5 track. The Claimant's assigned work was on the cabin track, a distance of some fifty yards from where he was found. Reeser motioned to Foreman Guyer and Shop Superintendent Stayer to come aver to the engine. All three stood outside the cab and heard the Claimant snoring. After a couple of minutes, they entered the cab and observed Claimant snoring. He awoke at 1:55 A.M.

 The organization argues that, on the night in question, there was insufficient work at the cabin track. By sitting in Locomotive 6159, Claimant-thereby positioned himself in an area where he could see the cabin track and perform'any duties should they arise. While it is factual there was insufficient work on the cabin track, we agree with Carrier's conclusion that Claimant's explanation for his presence in the locomotive cab is self serving. The Claimant was fifty yards distance from his job assigrm~ent, an area clearly outside his work area. His testimonial admissions are a tacit acknowledgement of loitering. The substantial weight of evidence supports the Carrier finding that the record established Claimant was sleeping.

 On two prior occasions, this Claimant received discipline for assuming an attitude of sleep while on duty. Carrier contends this prior discipline has not had a corrective impact. We agree and note the record clearly established Claimant believed he was justified in being away from his assigned area because, he had no immediate work assignment. This Board is bound by the evidence presented. A review thereof affirms Carrier properly concluded Claimant was out of assigned work area, loitering, and sleeping the morning of August 20, 1979.






Attest: Acting Executive Secretary
 National Railroad Adjustment Board

                  J


      semarie Brasch - Administrative Assistant


Date at Chicago, Illinois, this 21st day of April, 1982.