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



(a) The Southern Pacific Transportation violated the current clerks' Agreement when it dismissed clerk J. A. Smith from service following investigation at which the charge for which he was brought to trial was not proved; and,

 (b) The Southern Pacific Transportation Company shall now be required to allow clerk J. A. Smith eight (8) hours' compensation at the rate of Telegrapher-Clerk February 20, 1976 and each date thereafter until restored to service with seniority rights unimpaired, plus insurance, hospitalization and all other emoluments to which he is entitled.

 OPINION OF BOARD: Claimant J. A. Smith entered Carrier's service on
 August 20, 1969, resigned in 1971; was rehired
 October 9, 1971 and finally was dismissed on February 20, 1976. The
 incident leading to his dismissal occurred on January 22, 1976. On
 that day he was working as Telegrapher-Clerk at Elvas Tower near Sacra
 mento, California on the third trick. At approximately 5:11 A.M., a
 main line freight train got a red signal at Elvas Tower and stopped,
 awaiting a green signal. Repeated efforts of the train crew to get a
 response from Elves Tower were unsuccessful. Upon learning of the de
 layed train the Yardmaster tried repeatedly but unsuccessfully to raise
 Claimant by telephone and radio and finally contacted a Carrier Patrol
 man who went to Elves Tower to find out why Claimant was not responding.
                  Docket Number CL-21945


The Patrolman found Claimant seated with his head on a cushion on his desk, with the window shades pulled down and the phone off the hook. After some seven or eight raps on the door with his flashlight the patrolman aroused Claimant and informed him of the delayed freight train. The train finally was cleared at 5:44 A.M. after a 33 minute delay. At a hearing and investigation held on February 13, 1976 the foregoing facts were developed. Mr. Smith denied that he was sleeping and suggested either comtmuiication equipment failure or the fact that he had been "nervous lately" to explain his failure to respond to all attempts to reach him that night. By letter dated February 20, 1978 Claimant was dismissed from service. That letter reads in pertinent part as follows:

            "Evidence adduced at formal investigation held at Sacramento, February 13, 1976, established your responsibility for failure to devote yourself exclusively to your duties and sleeping on duty while performing service as telegrapher-clerk, January 22, 1976, at Elvas Tower, Sacramento.


            "Your actions in this instance constituted a violation of Rule 810 of the Rules and Regulations of the Transportation Department.


            "For reasons stated, you are hereby dismissed from the service of the Southern Pacific Transportation Company. Please return any company property and Amtrak pass in your possession."


We have reviewed the record in this case carefully. In our judgement substantive evidence fully supports Carrier's conclusion that Claimant was sleeping on duty January 22, 1976. We find no grounds upon which we should substitute our judgement for Carrier's relative to the penalty imposed. The claim must be denied.
                  Award Njmber 22027 °j:;%= 3

                  Docket Number CL-21947


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


          That the parties waived oral hearing;


That the Carrier and the Employes involved 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

          That 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 28th day of April 1978,