p# D : \ b m w e \ a w a r d s \ 3 d \ p d f \ 3 - 0 1 0 3 5 . P D F D:\bmwe\awards\3d\pdf\3-01036.PDF P. D : \ b m w e \ a w a r d s \ 3 d \ p d f \ 3 - 0 1 0 3 6 . P D F D:\bmwe\awards\3d\pdf\3-01037.PDF P3 D : \ b m w e \ a w a r d s \ 3 d \ p d f \ 3 - 0 1 0 3 7 . P D F D:\bmwe\awards\3d\pdf\3-01038.PDF 0D= D : \ b m w e \ a w a r d s \ 3 d \ p d f \ 3 - 0 1 0 3 8 . P D F D:\bmwe\awards\3d\pdf\3-01039.PDF pD D : \ b m w e \ a w a r d s \ 3 d \ p d f \ 3 - 0 1 0 3 9 . P D F D:\bmwe\awards\3d\pdf\3-01040.PDF +I D : \ b m w e \ a w a r d s \ 3 d \ p d f \ 3 - 0 1 0 4 0 . P D F enver District, at 10:30 a.m. on Wednesday,
May 16, 1979. An investigation was held on May 24, 1979 to determine the facts and place the responsibility. Pursuant to the investigation, the claimant's personal record was assessed thirty
demerits.
As a result of the thirty demerits the Carrier aismissed t:ie claimant from service on July 6, 1979 for an accumulation of excessive
demerits. On June 26, 1979 the Carrier notified the claimant and
tile Ceneral Chairman that the decision to re::iove tI_e
c:luiLddnt
from
service had been changed, and the claimant was being assessed tiLirty
demerits for violation of Rules 16 and 17. Originally the Carrier
had dismissed the claimant from service pursuant to the investigation.
The Organization filed a claim requesting removal of the thirty
demerits from the claimant's personal record. The Organization
contends that the evidence does not support a finding that the
claimant was sleeping. The organization contends that it is impossible to observe an employee's eyes through the dark lens safety
glasses which are provided by the Carrier. The Organization contends there is no other evidence except the one witness who testified he saw the claimant's eyes closed through his glasses.
is~.2-
Acaard No. 125
Page Z
Evidence indicates that the assistant general foreman of B&i3 Water
Service observed the claimant lying down on the cab of a pile
driver. He testified that he observed the claimant between two
and five minutes. He further testified that he spoke to the claimant in a normal tone and that the claimant responded immediately.
The assistant
general foreman further testified that 'tie stood over
the claimant for approximately twenty to thirty seconas and that
he observed the claimant's eyes closed. He testified tuat he said:
"Wake up, David, and go back to work" and the clainfiant got up and
went back to work.
This witness also testified that it is possible to :.ee through the
colored Tenses, and it is very easy in the sunlignt to determine
whether a man's eyes are open or closed. He further testified he
had a conversation with the claimant about thirty minutes later,
and the claimant did not state that he was not sleeping. He asked
the claimant, and the claimant responded that he had no excuse but
did not state he was not asleep.
Another employee, a B&B carpenter, testified that he saw claimant
lying on the back of the pile driver sleeping for approximately
forty-five minutes.
After carefully examining the entire transcript of record and the
evidence at hand, it appears to the Board that the evidence is
sufficient for the Carrier to make a finding that the claimant
was guilty. There is no justification to set aside the decision
of the Carrier.
AWARD: Claim denied.
Preston oore, C airman
2
rganization Member
4"0'1