(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Railway Express Agency, Incorporated

(1) The Agreement governing hours of service and working conditions between the parties, effective January 1, 1967, was violated by the Agency at Jacksonville, Florida, when on February 3, 1971, Employe G. H. Jackson was held out of service pending investigation and was further violated when on February 11, he was notified by Operations Manager W. T. Espey that he was dismissed from service, effective February 3, 1971, as a result of the investigation held on Tuesday, February 9, 1971, being allegedly charged with violation of Rule 866 (b) of the Agency's General Rules and Instructions and charged specifically with having an accident at a near Macon, Georgia, about one (1) mile north of Hartley Bridge exit while driving tractor 67080, pu of $4,000 to the tractor, $2,500 to the trailer and $3,000 to the bridge, and;

 (2) That Mr. G. H. Jackson shall be restored to service with seniority rights unimpaired, his record shall be cleared of the charges and he shall be compensated for all mo rights unimpaired and his record cleared of the charges, and;

 (3) Mr. Jackson shall be additionally compensated for any overtime which he would have received and any expense incurred by him due to the Agency canceling Health and Welfare Insurance Policy No. 303 with Blue Cross-Blue Shield Insurance Company and he having to assume premium payments.

 OPINION OF BOARD: Claimant, a regularly assigned truck driver, was permanently
 dismissed in connection with a highway accident in which the
 tractor-trailer, operated by him, collided with a bridge-rail. The accident.
 occurred on Interstate Highway #475 near Macon, Georgia, and resulted in sub
 stantial damage to the tractor-trailer and the bridge. After hearing, the Car
 rier specifically found that claimant failed to obtain proper rest prior to the
 trip involving the accident and that his dozing off while driving caused the
 accident.









                    4. Agency's dismissal of employe too severe.


                      5. In the event accident was caused by no sleep as alleged by Agency, then the Agency contributed to such accident account of noisy bunk room."


          The record contains nothing to indicate an infringement of claimant's due process rights and, accordingly, we find no merit in the contentions set out in 1 and 2 above. The remaining contentions, 3, 4, and 5 above, raise the issue of whether Carrier contributed so materially to the accident as to render the discipline arbitrary and/or excessive. The hearing testimony showed beyond dispute that the immediate cause of the accident was that the claimant dozed off at about 3:30 a.m., February 3, 1971, while operating the tractor-trailer on -interstate highway. Th the cause of the accident, the accident was contributed to by the noisy conditions in the bunkhouse drivers. The noisy conditions of the bunkhouse, as a factual matter, are clearly established of record; such conditions had been complained about prior to this dispute and the Carrier should do whatever is necessary to provide a proper rest facility for its over-the-road drivers. In this case, however, the bunkhouse conditions cannot be said to have any causal connection with claimant's dozing off. He went on duty at 2 a.m. on February 3 and the accident occurred about an hour and a half later, at 3:30 a.m. Prior thereto he had been off duty for almost twelve hours, from 2 p.m., February 2, until 2 a.m., February 3. Yet, during this twelve hour span of time, by his own testimony he used the bunkhouse for only the first two of the twelve hours, from 2 to 4 p.m. during daylight hours of February 2. He then left the bunkhouse in a borrowed automobile, got lost, and did not return to the bunkhouse until 1:30 a.m. on February 3. Thus, viewed in its most favorable light, claimant's own testimony puts him voluntarily away `rom the bunkhouse for about nine and a half (9 1/2) hours immediately before going on duty at 2 a.m. on February 3. Accordingly, his lack of rest was attributable to his own actions and there is no basis for concluding that Carrier's action respecting the bunkhouse contributed to the accident.


          In view of the foregoing, and on the whole record, we must conclude that the finding of guilt is supported by substantial evidence and that there is no basis for disturbing the discipline. Award 13179 (Dorsey). We shall therefore deny the claim.


                FINDINGS: The Third Division of the Adjustment Board, upon the whole record and ail the evidence, finds and holds:


                That the parties waived oral hearing;


:j
                    Award Number 19985 Page 3

                    Docket Number CL%-20286


That the Carrier and the Employes ivolved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        The Agreement was not violated.


                      A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 12th day of October 1973.