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'~Y7 THIRD DIVISION Docket Number SG-25286

                      John W. Gaines, Referee


    (Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

                  (Kansas City Terminal Railway Company


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

                  Railroad Signalmen on the Kansas City Terminal Railway

                  Company:


    Appeal on behalf of Mr. R. T. Frye, who was dismissed by notice dated July 6, 1983. [Carrier file: SG-2-83-80]"


    OPINION OF BOARD: Claimant's dismissal was for sleeping on duty, his second

    offense within four months after a suspension for being

    asleep and a warning.


          The question raised is whether the punishment is excessive.


    Claimant is a Signal Maintainer, under duty to trouble shoot problems encountered on the job in line of his work. We note his length of service and his record (not altogether an exemplary one), and find they serve of little benefit as mitigating factors to the dismissal.


    Sleeping on duty is generally conceded as a dismissal offense. We do not deem dismissal arbitrary or disproportionate under the present circumstances. Procedural objections are raised by the parties, but we are denying this Claim on merit, noting that no procedure deprived Claimant of due process.


    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, 1934;


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


          That the Agreement was not violated.

                      Award Number 26010 Page 2

                      Docket Number SC-25286

                      A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: r ,fL~
 Nancy J r - Executive Secretary

 Dated at Chicago, Illinois, this 28th day of May 1986.

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