Form 1 NATIONAL RAILROAD ADJiJSMENT BOARD Award No. 9121
SECOND DTJISION Docket No.
86'+5
2-D&RGW-F O-' z32
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute: ~ Denver and Rio Grande Western Railroad Company
Dispute: Claim of Employes:
1. That in violation of the current Agreement,, Mr. Phillip Quintana,
Laborer, Denver, Colorado, was unjustly suspended and dismissed
from service of the Carrier following hearing held on date of
January 18, 1979.
That accordingly, the Denver and Rio Grande Western Railroad Company be ordered to reinstate Mr. Phillip Quints.na to service with
seniority rights, vacation rights, and all other benefits hat are
a condition of employment, unimpaired; with compensation for 311
. lost time plus
6%
annual interest.
Findings:
The Second Division of the Adjustrnent Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employs or employes involved in this dispui:e
are respectively carrier and employs
within
the meaning of the Railway Labor Act
as approved June 21,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant Phillip Quintana is a Laborer in ;terrier's Burnham Shops in Denlr°~.
Colorado. On December 21,
1978,
Claimant was observed by two supervisors in a
prone position on a bench in the shop locker room. Claimant was told by his
supervisor to punch out and go home. Claimant was subsequently given notice to
attend a hearing into the matter to determine the facts and place responsibility.,
if any, in connection with Claimant's alleged failure to attend to his duties on
the date in question.
The hearing was held on January 18,
1979.
As a result of that hearing,
Claimant was found guilty as charged and dismissed from service, effective
January
25, 1979.
A cony of the transcript of that hearing has been reads a
part of the record of this case.
Foxes 1
Page 2
Award No. 9121
Docket No.
86.5
2-D&RGW-FO-' 82
The organization claims that Carrier acted in an arbitrary and capricious
manner, abused its managerial discretion, and dismissed Claimant for reasons
other than those he was charged with. Carrier contends Claimant was in fact
sleeping on the job and did not respond to the public address system when called.
When this infraction is considered together with his poor work and t:L-ne and attendance record, it oust be concluded that Carrier had more than sufficient
grounds to discharge Claimant.
A review of the
record of this
case reveals that Claimant was afforded
all procedural and substantive
rights
due him by agreement and that he was,
in fact, guilty of failure to attend to his
duties and
willful neglect of duty.
He was observed sleeping by two supervisors. Sleeping on the job can be grounds
for dismissal
from
service, as this Board has so stated (see Award No.
8712,
LaRocco) on numerous occasions.
When this infraction is considered in light of Claimant's past record,
numerous incidents of failure to protect his assignment, and a dismissal and
reinstatement on a leniency basis, it must be concluded that there is no basis
on which the Board can modify ox set aside the discipline in this case.
A W A R D
Clam denied.
Attest: Acting Executive Secretary
National Railroad
Adjustment
Board
NATIONAL RAILROAD ADJUS=-NT BOARD
By Order of Second Division
BY
~to~emi
J
Dated at Chicago., Illinois, this 16th
day of June, 1982.