Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10127
SECOND DIVISION Docket No. 10162
2-BN-FO-'84
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Burlington Northern Railroad Company
Dispute: Claim of Employes:
1. That the Carrier's action in dismissing Laborer H. N. Hopkins from its
service on March 29, 1982, was indeed harsh, out of proportion, excessive
and constituted an abuse of managerial discretion.
2. That accordingly, the Burlington-Northern, Inc. restore Laborer H. N.
Hopkins to serv-4ce-
(a) With his seniority rights unimpaired;
(b) Compensation for all time lost;
(c) Make whole for all vacation rights;
(d) Pay premiums (or hospital dues) for hospital, surgical and medical
benefits for all time held out of service;
(e) Pay premium for his group life insurance for all time 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 employes 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.
As a result of a formal hearing held on March 23, 1982, the Claimant, a
Laborer, was dismissed from service for sleeping on duty which constitutes a
violation of Safety Rule 569. Safety Rule 569 provides:
"Employees must n^t F!'_cep while on duty. Lying down, or in a
slouched positit.n, ;with eyes closed or with eyes covered or
concealed will be considered as sleeping."
The record warrants the conclusion that on March 15, 1982 at 6:00 a.m.,
during a routine tour of the shops, Foreman Scranton and Assistant General Foreman
Ward came across the Claimant lying between two (2) cab seats of a locomotive
with his eyes closed. The Claimant admitted that he "had been" sleeping, but not
Form 1
Page 2
Award No. 10127
Docket No. 10152
2-BN-FO-'84
when the two (2) Carrier Supervisors came into the cab. The Board concludes that
the Claimant violated Safety Rule 569.
During his five (5) years of employment the Claimant has received numerous
letters from various supervisors concerning his poor work habits and on three (3)
occasions he has received disciplinary suspensions.
Based upon the serious offense committed by the Claimant on March 15, 1982
and in light of his unsatisfactory past record, the Board is persuaded that the
penalty of dismissal is warranted.
A W A R D
Claim denied.
Attest:
Nancy J. ?ver - Executive Secretary
Dated at Chicago, Illinois, this 17th day
of October 1984.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division