Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13831
Docket No. 13723
05-2-03-2-66
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 Elmer Thompson 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.
Thompson 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. 13831
Page 2 Docket No. 13723
05-2-03-2-66
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
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, C. DeBose,
sitting in the east end of a coach car in a resting position with their backs to the
seats; no work was being performed and the Claimant's head was down with his
chin on his chest. Ambrose observed the Claimant for four minutes and could not
see the whites of his eyes; could not see the Claimant's eyes blink and the Claimant
remained motionless. According to Ambrose, DeBose (who was doing the same
thing and who was also disciplined-see Second Division Award 13829 awoke and
called to the Claimant and the Claimant quickly snapped his head back, did not
seem alert and appeared to be trying to get his bearings. Ambrose asked the
Claimant three times where he was supposed to be working and the Claimant did
not respond until the third question was asked.
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 1 Award No. 13831
Page 3 Docket No. 13723
05-2-03-2-66
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.
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 1st day of April 2005.