Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27926
THIRD DIVISION Docket No. CL-28020
89-3-87-3-577
The Third Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
PARTIES TO DISPUTE: "Claim of the System Committee of the Brotherhood
(GL-10198) that:
i
(a) Carrier violated the Agreement at Topeka, Kansas, by removing
Sterling Brooks Sr. from its service as result of formal investigation held on
July 1, 1986, and
(b) Sterling Brooks Sr. shall now be restored to service with
Carrier with all rights unimpaired and with pay for all time lost beginning
July 1, 1986."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division
of
the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right
of
appearance at hearing thereon.
Prior to the occurrence giving rise to the dispute herein, Claimant,
with a seniority date
of
May 22, 1977, was regularly assigned as janitor at
Topeka, Kansas, hours 5:00 P.M. to 1:00 A.M.
On June 25, 1986, Claimant was notified to attend formal investiga-
tion on July 1, 1986, in connection with his alleged sleeping on duty and
inattentiveness to duty on June 19, 1986, in possible violation of Rules 14,
15, 16 and 17
of
Carrier's General Rules for the Guidance of Employes. On
June 30, 1986, a corrected notice was sent correcting the date of alleged
violation to June 18, 1986.
The Investigation was held on July 1, 1986, as scheduled. A copy
of
the transcript
of
the Investigation has been made a part
of
the record. Rules
14, 15, 16 and 17
of
Carrier's General Rules
for
the Guidance of Employes,
referred to in the notice
of
June 25, 1986, were read into the Investigation,
are set forth in the record before the Board, and will not be repeated here.
Form 1 Award No. 27926
Page 2 Docket No. CL-28020
89-3-87-3-577
We have reviewed the transcript of the Investigation and find that
substantial evidence was adduced that Claimant was sleeping on duty on June
18, 1986. Claimant's contention that he was feeling ill and decided to lie
down for a few minutes is not persuasive.
Sleeping on duty is usually considered an offense warranting dismissal. (Third Division Awards 2
Claimant was disciplined on two prior occasions for sleeping on duty. It is
apparent that the prior discipline did not have the desired effect. An
employee's prior record may properly be considered in arriving at the
discipline to be imposed for a proven offense.
There is no proper basis for the Board to interfere with the discipline imposed by the Carrier.<
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. /D1Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1989.