Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10342
 SECOND DIVISION Docket No. 10522
 2-SSR-FO-'85
 The Second Division consisted of the regular members and in
 addition Referee James R. Cox when award was rendered.
 ( International Brotherhood of Firemen and Oilers
 Parties to Dispute:
 ( Seaboard System Railroad
Dispute: Claim of Employes:




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.


Laborer D. Harmon was dismissed from the service of the Seaboard System Railroad May 31, 1983 after having been found by his Supervisor allegedly sleeping at 6:12 a.m., April 24, 1983.
Claimant's shift did not end until 8:00 a.m. that morning. While he had cleaning duties in the locker room from time to time during the shift, he explained that he had gone to the locker room in order to eat lunch although he conceded that he did not normally eat lunch in the locker room.
 Form 1 Award No. 10342 rf
 Page 2 Locket No. 10522
 2-SSR-FO-'85
 At 6:00 a.m. Harmon told his Foreman that he had completed an assignment of
 fueling locomotives. He was told to leave the locker room and check the locomotives
 since they were to be pulled out in ten minutes. The Supervisor later checked the
 locomotives and found that they had not been fueled and, upon returning to the
 locker room, found Claimant sitting in front of a locker, head back against the
 wall asleep. The Foreman, together with the Assistant Department Foreman, carried
 on a conversation in a normal tone of voice for three or four minutes, then attempted
 to arouse Claimant by calling his name. It was not until the third call that he
 awoke and responded. When asked whether he had fueled the locomotives he assured
 the Foremen that they were ready to go. The two men, along with Claimant, proceeded
 to look at the locomotives and found that they had not been fueled.
 Claimant explained his leaning back position in the locker room on the basis
 that he had been "cramping" and that the position he was sitting in had been
 recommended to him by a Doctor. He also indicated that he had difficulty hearing
 as a result of working around engines.
 Claimant's termination was based upon the alleged violation of Rules 4 and 26
 of the Mechanical Department of the Seaboard Coast Line Railroad Company. Rule 4
 requires employes to devote their time exclusively to the business of the Company
 unless expressly exempted from doing so by proper authority and Rule 26 specifies
 that employes must. not absent themselves from their duties without permission from
 the proper authority. rrr"
Claimant had been suspended for five days in October, 1980 when found sleeping in a locker room.
The Board notes the conflict in the Claimant's explanation of why he was in the locker room at 6:12 and finds that there is sufficient evidence to establish that, not only was Claimant asleep, but that he had duties to perform which he neglected.
We note the prior suspension for sleeping in violation of the same Rule. Based upon the entire record, the Board concludes that the discipline of dismissal in this case was supported by the evidence and not excessive.





                          By Order of Second Division


                      55~1~

Attest: -
        Nancy Nancy J Deer - Executive Secretary


Dated at Chicago, Illinois, this 13th day of March 1985.