Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36880
Docket No. CL-36893
04-3-01-3-441
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Intermodal Terminals, Inc. (former CSX/Sea-Land
( Terminals, Inc. - Fruit Growers Express Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12759) that:
(a) The Carrier acted in an arbitrary and capricious manner when it
unjustly assessed discipline of dismissal on Ms. Antoinette Pannell
on August 24, 2000.
(b) Claimant's record be cleared of the charges brought against her
on August 9, 2000.
(b) Claimant be restored to service with seniority and all other rights
unimpaired and she be compensated for wage loss sustained in
accordance with the provision of Rule 43(f)."
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.
Form 1 Award No. 36880
Page 2 Docket No. CL-36893
04-3-01-3-441
Parties to said dispute were given due notice of hearing thereon.
As a result of charges dated August 9, a Hearing was held on August 11 and by
letter dated August 24, 2000, the Claimant, a Clerk at East St. Louis, was dismissed for
sleeping on duty, being on duty in a position conducive to sleeping and dereliction of
duty.
Substantial evidence developed during the Hearing shows that while on duty on
August 9, 2000, at approximately 3:00 A.M., the Claimant was observed with her head
slumped over a steering wheel of a Carrier vehicle and that the vehicle had been in the
same spot for approximately 20 to 25 minutes. Substantial evidence, therefore,
supports the Carrier's position that the Claimant engaged in misconduct as charged.
With respect to the amount of discipline, we do not find that dismissal was
arbitrary. As we found in Third Division Award 36879 the Claimant has repeatedly
engaged in the same misconduct and, as stated in that Award, we do not believe that a
reduced disciplinary action would serve to correct her misconduct. Because we have
already upheld her dismissal in Third Division Award 36879, doing so again would only
be moot.
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 25th day of February 2004.