Edwin H. Benn, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (National Railroad Passenger Corporation (AMTRAK)

              (Northeast Corridor)


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 1. The thirty (30) days of suspension imposed upon Trackman R. F. MacKenzie for alleged 'Violation of Rule "L"' (assuming the attitude of sleep) on November 2, 1983, was without just and sufficient cause (System File NECBMWE-SD-825D).

 2. The claimant's record shall be cleared of the charges leveled against him and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: Claimant was withheld from service on November 2, 1983, for
 sleeping in a Carrier motor vehicle on that date. The
 record demonstrates that Claimant and two other employees were observed sleep
 ing while on duty by two Carrier Supervisors. After Hearing on January 10,
 1984, and by letter dated January 24, 1984, Claimant was assessed a 30 day
 suspension.

 The Organization's argument that the Carrier improperly withheld Claimant from service under Rule 69 since sleeping is not a major offense under that Rule cannot be considered by this Board since it was not properly raised on the property.

 We reject the Organization's argument that Claimant was improperly notified of his withholding from service by the Track Supervisor rather than the Division Engineer where Rule 69 requires the "department head" to make notification of such action. In similar situations, the same argument advanced by the Organization has been made and not sustained. See Public Law Board No. 2406, Award No. 47.

 With respect to the merits of the Claim, we find substantial evidence in the record to support the Carrier's determination that discipline should be imposed. Two Carrier witnesses testified that they observed Claimant sitting in the vehicle with his eyes closed for between 60 and 90 seconds. Such is sufficient to establish that Claimant was in violation of Rule L which prohibits sleeping. Sleeping discipline including discharge. See Third Division Award 24365; Second Division Awards 10498, 9260, 8886, 8712, 8537. Standing alone, the fact that credibility conflicts existed in the record does not cause this Board to resolve credibility different from that made during the Investigation. Second Division Awards 10498, 8712, supra. Nothing has been shown in this record that can cause us to make a contrary credibility determination. Finally, no showing has been made that a 30 day suspension was arbitrary or capricious.
                      Award Number 26389 Page 2

                      Docket Number MW-26539


        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. Dever - Executive Secretary


Dated at Chicago, Illinois, this 13th day of July 1987.