THIRD DIVISION Docket Number SG-25147


                      John F. CZoney, Referee


                    (Brotherhood of Railroad Signalmen

      PARTIES TO DISPUTE:

                    (Consolidated Rail Corporation


    STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of

                    Railroad Signalmen on the Consolidated Rail Corporation:


                        System Docket 1617


    Appeal on behalf of Maintainer-Test W. C. Wayne, who was suspended 30 days by notice dated February 6, 1981, for allegedly assuming an attitude of sleep while on duty January 30, 1981."


    OPINION OF BOARD: Claimant, who was charged with "Assuming an attitude of

    sleep while on duty ...a testified at the investigation that he was sitting sideways in a swivel chair with his shoes off and his foot curled under him, in the dark when Division Engineer OZvens entered the office at 6:20 A.M. No other employes were on duty except for a Tower Operator who was upstairs.


    As a result of the investigation Claimant was suspended for thirty days, a penalty which in view of the evidence this Board will not disturb.


            FINDINGS: The Third Division of the 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.


lJE~?~~". A W A R D
            `y


i .
            CZaik denied.

        .3

'` Y NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division
 .~ ~f 4 I .1 .3
 ATTEST: GHQ
            Nancy J.~- Executive Secretary


    Dated at Chicago, Illinois, this 4th day of October 1984.