Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13829
Docket No. 13721
05-2-03-2-65
The Second Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"l. The Carrier violated the provisions of the current and
controlling agreement when they improperly suspended Sheet
Metal Worker Calvin DeBose from the service of the Union
Pacific Railroad Company on May 5, 2003 as a result of an
investigation conducted on April 17, 2003 at the Office of the
Director Commuter Operations-Car Department, 412 N.
Sacramento Blvd, Chicago, Illinois 60612.
2. That accordingly, the Carrier be required to compensate Mr.
DeBose for all time lost, including Holiday Pay, overtime pay
which may have been lost and any other benefits he may have
been deprived due to his improper suspension."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act,
as approved June 21, 1934.
Form 1 Award No. 13829
Page 2 Docket No. 13721
05-2-03-2-65
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
This is the companion case to Second Division Award 13831.
The Claimant received a five day suspension for sleeping in a commuter car
on March 5, 2003 while on duty at the California Avenue Maintenance Facility.
The investigation revealed that while inspecting cars on March 5, 2003,
Manager C. Ambrose observed the Claimant and another employee, E. Thompson
(see Second Division Award 13831), sitting in the east end of a coach car in a resting
position. According to Ambrose, he observed the Claimant for four minutes sitting
facing the end door; the Claimant's eyes were closed; the Claimant was sitting
against the seat and, at one point, the Claimant began to fall over into the wall; the
Claimant then erected himself opened his eyes and then saw Ambrose. According to
Ambrose, the Claimant then spoke to Thompson and Ambrose entered the car.
Further, according to Ambrose, he had to repeatedly ask the Claimant where he
was supposed to be working before the Claimant responded.
The Claimant denies that he was sleeping.
Rule 1.11 concerning sleeping provides that "Employees reclined with their
eyes closed will be in violation of this rule."
Substantial evidence supports the Carrier's determination that the Claimant
was sleeping. Manager Ambrose's observations of the Claimant sufficiently show
that the Claimant was sleeping while on duty in violation of the cited rule.
The Organization's arguments do not change the result. The Organization
essentially argues that Ambrose should not be credited. Absent sufficient reason in
the record for doing so, it is not the function of this Board to redetermine
credibility. The Claimant's version was not credited. We find no reason in this
record to set that determination aside.
Form i Award No. 13829
Page 3 Docket No. 13721
05-2-03-2-65
With respect to the amount of discipline imposed, we do not find that a five
day suspension for the demonstrated misconduct was arbitrary.
The claim shall be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this Ist day of April 2005.