(Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES TO DISPUTE: ( -
 (Seaboard System Railroad
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9701), that:<
1. Carrier acted arbitrarily, capriciously and in a harsh and discriminatory
 manner violating Rule 15 and other rules of the Agreement, when it suspended
 Truck Operator D. A. Sinquefield from service for ten (10) days beginning June
 8, 1981, following an investigation held on May 20, 1981.






OPINION OF BOARD: Claimant herein, a Surveyman, was assigned to the Miami
 TOFC piggyback ramp facility with hours of work from Midnight
 to 9:00 A. M. The record indicates, without dispute, that on March 29, 1981,
 Claimant, after reporting to work asked the Rate Clerk, Mr. Whisler, if there
 was anything for him to do. When told there was not, Claimant then told Whisler
 that he would be in his personal van, and Whisler responded "O. K.". Claimant's
 duties included checking trailers arriving and departing the facility. A trailer
 left the property at 3:08 A. M. that morning and it was not checked by Claimant.
 Claimant was found lying in his van in a sleeping bag at approximately 6:30 A. M.
 and then got up and reported to his normal work location. Claimant was charged
 with a series of violations of Carrier rules all related to his being found in
 the van and having neglected his work. He was charged with neglect and being
 asleep while on duty and under pay. He was found guilty of leaving his assigned
 position without authority and was found lying down in his van while on duty. He
 was accorded a ten-day suspension by Carrier.
Petitioner argues that Claimant had permission to be in his van and further that Carrier did not prove any violation of its rules by Claimant. Further, it is argued that there was no evidence whatever to show that Claimant was asleep during the period in question. Carrier asserts that the evidence is clear and that Claimant was guilty of the charges.
                    Docket Number CL-24895


The Board notes that there were a number of extraneous issues raised by Petitioner which do not have merit for various reasons. The crux of this dispute is whether there was sufficient evidence to support Carrier's conclusion that Claimant, without proper authority, left his position and spent over six hours in his van on the night in question. In the Board's view, there was ample evidence to support Carrier's conclusion that Claimant was guilty, particularly in view of the apparent credibility findings of the Hearing Officer. Since the Hearing was not flawed and in view of the total record, the penalty was not improper. The claim must be denied.
        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.


                        A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
        Nancy J er - Executive Secretary


Dated at Chicago, Illinois, this 28th day of February 1985. /~E,.~\

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