NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6015) that:
OPINION OF BOARD: On December 15, 1964 Mr. C. R. Burdett was discovered asleep at his desk. After an investigation and hearing he was suspended for dereliction of duty from December 16 through 30, 1964.
Carrier asserts that Claimant was clearly guilty of sleeping en the job, and that the discipline administered was warranted and commensurate.
Organization denies that the Claimant was derelict in handling his job. It asserts that medical investigation has proven that Claimant suffers from narcolepsy, which results in sudden instances of falling asleep. Inasmuch as Claimant was ill, and had no control over his illness, Organization concludes that any disciplinary action was inappropriate.
It is clear that the Claimant in this case is a victim of an unusual illness, the symptoms of which could easily have led the Carrier to conclude that he was derelict in the performance of his duties. Nonetheless, Carrier had sufficient opportunity during its subsequent investigation and sufficient testimony from its own employes to come to the realization that Claimant was in fact ill at the time. We find that Carrier acted improperly in imposing a penalty of suspension from December 16 to 30, 1964. Accordingly the claim is sustained.