Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employee PARTIES TO DISPUTE.

$TNT OF CIAIM: Claim of the System Committee of the Brotherhood (GL-9218)

Carrier violated the Agreement at Washington, D.C., when on July 6, 1978, it dismissed Mf. Janice L. Dudley, Extra PBX Operator, from all services of Southern Railway company for allegedly being found asleep on a couch in a highly intoxicated condition in Room 505 (Lounge) of the Washington Office Building at approximately 8:05 a.m., Saturday, July 1, 1978, while on duty.

 For this violation, the Carrier shall be required to restore Ms. Janice L. Dudley to service with all rights and seniority unimpaired and compensate her for all work to which she otherwise would have been entitled, beginning July 2, 19'(8, and continuing until such time that restoration and compensation has been accomplished.

 OPINION OF BOARD: Ms. Janice L. Dudley, the Claimant, was employed as an
of July 7, 1977. On July 1, 1978, she was assigned to work 7:00 A.M. to
 3:30 P.M. in Carrier's PBX office located in its Washington headquarters building.
 At approximately 8:05 A.M. Claimant was found in a deep sleep in the lounge off
 the PBX office. On .7uly 6, 1978, the Carrier, by letter, formally dismissed
 Claimant from all services of the Carrier "- as a result of being found asleep
 on the couch in a highly intoxicated condition ". Claimant's representative
 requested and received a formal investigation of the charges as provided in
 Rule C-1 of the applicable Agreement.

 The investigation was held on August 22, 1978, after a postponement due to Claimant's inability to meet an earlier date. Copy of the transcript was made a part of the record. A careful examination of the transcript indicates Claimant was given a fair and impartial hearing; she was represented by an accredited representative of her Organization, permitted to cross examine Carrier's witnesses, and was accorded the right to support her position with witnesses which she chose not to do.

 A thorough study of the entire record, including the transcript, indicates beyond a question of doubt that carrier proved its case. Three witnesses testified in the investigation that they found Claimant in a deep sleep, smelling of alcohol and in an intoxicated condition. The three witnesses were unable to revive Claimant by using cold wet towels and other methods and finally resorted to calling the District of Columbia Medical Unit which sent


a team who revived her with smelling salts. Claimant testified in the investigation that after s "X=XX felt tight and overheated XXX and 'XX feeling dizzy was the last she remembered H-*" when she was finally awakened by the Medical Team. The Carrier proved its case and this Board will not disturb the discipline assessed.

 FINDINGS: The Third Division of the Adjustment Board, after giving the parties
 to this dispute due notice of hearing thereon, and upon the whole
 record and all the evidence, finds and holds:

 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, 193+:

 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 AIIJUSSUSINT HOARD

                              By Order of Third Division


ATTEST: Acting Executive Secretary
 National Failraad Adjustment Board

                                                y .


By
 emarie Brasch - Administrative Assistant

 Dated` at Chicago,, Illinois this 10th day of March 19&. Ch~co3o Giiice ~d~J