NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26199
(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-9966) that:
1. Carrier acted in an arbitrary, capricious, uncalled for and
discriminatory manner when on November 11, 1983, it removed and dismissed
Clerk-Laborer L. Jenkins from service of the Carrier.
2. As a result of the above violation, Carrier shall:
a. Restore Clerk-Laborer Jenkins to service of the Carrier
with all seniority, vacation and other rights unimpaired.
b. Compensate Clerk-Laborer Jenkins for all time lost
commencing with November 11, 1983, and continuing until
Clerk-Laborer Jenkins is restored to service, less
outside earnings.
c. Compensate Clerk-Laborer Jenkins any amount he incurred
for medical or surgical expenses for himself or
dependents to the extent that such payments would have
been paid by Travelers Insurance under Group Policy No.
GA-23000 and, in the event of the death of Clerk-Laborer
Jenkins, pay his estate the amount of life insurance
provided for under said policy. In addition, reimburse
him for premium payments he may have made in the purchase
of substitute health, welfare and life insurance.
d. Compensate Clerk-Laborer Jenkins interest at the rate of ten
(10) percent, compounded annually on the anniversary of this
claim, for the amounts due under Item (b) above."
OPINION OF BOARD: Severity of the discipline of dismissal is at issue here.
Claimant is a Clerk-Laborer with service dating from May 24, 1977.
Extensive testimony showed that Claimant was sleeping on duty at 5:45 A.M.,
November 10, 1983, having been awakened from sleeping on duty at 4:40 A.M. on
November 10, 1983. He admitted being asleep on duty at 4:22 A.M. the next
morning, November 11, 1983. These incidents resemble incidents on October 28
and 29, 1977, for which this Claimant was assessed a 30 day suspension for
sleeping on duty.
Award Number 26012 Page 2
Docket Number CL-26199
Claimant claims factors in mitigation. Those factors are
unconvincing.
Considering that leniency is primarily Carrier's prerogative and
also considering Claimant's overall employment record, we will not disturb
Carrier's decision dismissing Claimant. Sleeping on duty is a recognized
dismissal offense, and the resulting punishment is not disproportionate or
unreasonable under the circumstances here.
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:
<Z,
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 28th day of May 1986.
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