Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28088
THIRD DIVISION Docket No. SG-28215
89-3-87-3-801
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother-
hood of Railroad Signalmen on the Southern Pacific Transportation Company (SPTC (WL)):
On behalf of Signalman B. G. Wimberly, Jr., for reinstatement to
service with pay for all time lost account of Carrier violated the current
Signalmen's Agreement, as amended, particularly, Rule 59(c), when it failed to
render its decision within the time limits." Carrier file SIG 0-86-W.
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.
Claimant was employed as a signalman. On October 9, 1986, Claimant
was notified to attend a formal Investigation in connection with the charge:
"to develop the facts and place responsibility,
if any, in connection with your alleged sleeping
while on duty which occurred on October 9, 1986,
in the Brooklyn Signal Shop, Portland, Oregon."
The Hearing took place on October 23, 1986, and, as a result, Claimant was
dismissed from Carrier's service. The Organization thereafter filed a claim
on Claimant's behalf, challenging his dismissal.
Form 1 Award No. 28088
Page 2 Docket No. SG-28215
89-3-87-3-801
This Board has reviewed the procedural arguments raised by the Organ-
ization, and we find them to be without merit.
With respect to the substantive question, this Board has reviewed the
evidence and testimony in this case, and we find that there is sufficient evidence in the record to
sleeping on the job.
Once this Board has determined that there is sufficient evidence in
the record to support the guilty finding, we next turn our attention to the
type of discipline imposed. This Board will not set aside a Carrier's imposition of discipline unles
There is no question that sleeping on the job has been found to be a
dismissible offense in numerous Board Awards. This Board cannot find that the
action taken by the Carrier was unreasonable, arbitrary, or capricious. Consequently, the claim must
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest. _
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this llth day of September 1989.