Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9341
SECOND DIVISION Docket No.
955
2-C&NW-FO-'83
The Second Division consisted of the regular members and in
addition Referee Edward M. Hog an when award was rendered.
( International Brotherhood of Firemen & Oilers.
Parties to Dispute:
Chicago and North Western Transportation Company
Dispute: Claim of bnployes:
.
1. 'that in violation of the current Agreement; Mr. William Rundles,
Laborer, Chicago, Illinois, was unjustly dismissed from service of
the Carrier following hearing held on date of January
19, 1981.
2. That accordingly, the Chicago & North Western Transportation Company
be ordered to reinstate Mr. William Rundles to service with seniority
rights unimpaired.
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.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was dismissed from the service of the Carrier following a formal
investigation on the charges of sleeping while on duty. In addition to the Shop
Superintendent who had observed the Claimant sleeping while on duty, Claimant
at the investigation, admitted sleeping.
Claimant contends that the dismissal was an unjust action, that there was
an abuse of managerial discretion, end that the evidence does not support the
findings. On each of the contentions, we disagree.
There can be no disagreement that the Carrier's Rule 23 (General Regulations
and Safety Rules) is quite explicit:
"F3nployees must not sleep while on duty. Lying down or in a
reclining position with eyes closed or covered will be
considered as sleeping."
In our examination of the record, we find that Claimant received a fill and
fair hearing and that there is ample credible evidence to sustain the findings
as adduced at the investigation. Furthermore, in light of Claimant°s very
recent (four tenths prior) 45-day suspension for the exact same offense, we
find that the measure of discipline as assessed in this case to be fully
Form 1
Page 2
Award No. 9341
Docket No. 9525
2-C&NW-FO-'83
reasonable and warranted. (See Second Division Awards 9184, 9190, 8712, 853?,
8212, 8529, 8861, 8886, 9039 and 9260).
AW AR D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
~rA
·~'~ ,-
o marie Breach - Administrative Assistant
Dated Chicago, Illinois, this 5th day of January, 1983.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Send Division