Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28004
 THIRD DIVISION Docket No. TD-27459
 89-3-87-3-88
 The Third Division consisted of the regular members and in
 addition Referee Dana E. Eischen when award was rendered.

 (American Train Dispatchers Association PARTIES TO DISPUTE:

STATEMENT OF CLAIM:


This is to request that Mr. Brock be compensated for all time lost as a result of the charges, and that all reference to this incident be removed from his personal record.

This is to request that these charges against Mr. Brock, Jr., be dropped and that all reference to this incident be removed from his personal record."

 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.

On April 18, 1986, Claimant was working his assignment as Third Trick Train Dispatcher in the HE&WT office, 11:00 P. M. - 7:00 A.M. At about 5:30 A.M., two Carrier officers observed Claimant seated at his desk with his chin in his hand, eyes closed, and head nodding from side to side. After watching him for a few minutes, the officers entered the room stating loudly: "Wake up, Brock." Claimant jumped to his feet, protesting that he was not asleep but that the floor mat caused his chair to rock and hence his head to nod.
 Form 1 Award No. 28004
 Page 2 Docket No. TD-27459
 89-3-87-3-88

 The Carrier relieved Claimant from service pending Investigation, but before leaving the property Claimant signed a "Consent for Toxological Tests," agreeing to give a urine specimen for laboratory testing to determine the presence of drugs, alcohol or medication in his body. Claimant was then transported to Park Plaza Ho was sent home.

 By notice of April 18, 1986, Claimant was summoned to an Investigation into a charge of sleeping which Claimant appeared and was represented, Carrier found him guilty as charged and served notice of discharge for sleeping on duty. In the meantime, on April 24, 1986, Carrier received the laboratory test results, which found Claimant "positive" for cocaine on April 18, 1986. By notice of April 24, Claimant was summoned to another Investigation scheduled for April 28, 1986, into a charge of alleged cocaine usage and/or influence while on duty in violation of Rule G. Follow Claimant and his organization, the Hearing was held on May 12, 1986. By letter of May 16, 1986, Clai Rule G. In early June 1986, Claimant was offered the opportunity to participate in Carrier's EAP for
So far as the record shows, Claimant did not undergo rehabilitaton to qualify for reinstatement consideration. He did file two (2) claims appealing his respective terminations of April 25, 1986, for sleeping on the job and May 16, 1986, for cocaine use in violation of Rule G. Those Claims were denied at all levels of handling on the property and eventually appealed to this Board.

 The Claims must be denied for lack of merit. The evidence overwhelmingly supports Carrier's conc Claimant was sleeping on the job and/or assuming a sleep-like position. Moreover, Carrier has proven were proven by substantial evidence of record in procedurally correct Hearings. There is no showing dismiss employees proven culpable of either, let alone both, of these serious offenses.


Form 1 Award No. 28004
 Page 3 Docket No. TD-27459
 89-3-87-3-88
 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division
 Attest:
 Nancy J. e~Er - Executive Secretary

 Dated at Chicago, Illinois, this 31st day of July 1989.