Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31991
Docket No. SG-32652
97-3-95-3-583
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation Co. (SP):
Claim on behalf of J. O. McArthur for payment for compensation for
all time lost as a result of his three-day suspension from service, beginning
December 5, 1994, and for his record to be cleared of all charges in
connection with this discipline, account Carrier violated the current
Signalmen's Agreement, particularly Rule 53, when it did not provide the
Claimant with a fair and impartial investigation and assessed harsh and
excessive discipline against him in this matter without meeting the burden
of proving the charges. Carrier's File No. SIGD 95-2. General Chairman's
File No. SWGC-1027. BRS File Case No. 9724-SP."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are
respectively carrier and employee 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 were given due notice of hearing thereon.
Form I Award No. 31991
Page 2 Doc.ket No. SG-32652
97-3-95-3-583
The record shows that on October 24, 1994 at 10:30 A.M., Roadmaster Royal
observed Claimant while on duty in a parked Carrier vehicle at Milepost 368.4 "lying in
his seat, had his visor on the right hand side was shaded, he had a news paper or
something over it, and I just noticed he was laying down ...." Royal brought Signal
Supervisor Gaston back to the location at approximately 11:30 A.M. and observed
Claimant in the same state. According to Royal, Claimant "had his head resting on the
driver's side and he was asleep. 1 mean he was totally asleep. He, at that time, he did not
wake up, so Mr. Gaston went back to his pickup, got a camera, come back and took his
picture." Claimant awoke when Royal tapped on the window.
Substantial evidence supports the Carrier's determination that Claimant was
sleeping in violation of Rule 1.11 which prohibits sleeping while on duty. A three day
suspension for that conduct is neither arbitrary or capricious.
This claim is without merit.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 6th day of May 1997.