Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Norfolk and Western Railway Company
 Statement Claim is made to restore Claimant E. L. Brown to service
 of of Norfolk and Western Railway.
 Claim
 Findings The Board, after hearing upon the whole record and all
 evidence, finds that the parties herein are Carrier
 and Employee within the meaning of the Railway Labor
 Act, as amended, that this Board is duly constituted
 by Agreement dated March 1, 1976, that it has jurisdiction
 of the parties and the subject matter, and that the
 parties were given due notice of the hearing held.
 Claimant, an Extra Gang Laborer, during his work tour
 on November 7, 1979, requested his supervisor to let
 him off work at 12:30 PM. He again made the same request
 at 1:00 PM. Each such time Claimant was advised that
 he could not be spared from the job and that he should
 continue working. Claimant reiterated his request to
 take the afternoon off on the basis that he had important
 personal business to do. He was advised that he could
 take the time off.
 Subsequently, about 2:00 PM, Claimant was observed climbing
          Award No. 56 - P LB 1838 Page 2 in the back seat of a yellow Oldsmobile and, apparently went to sleep. He was observed again about 4:00 PM as still being on the property. Claimant was advised in writing, under date of November 8, 1978, by the Assistant Roadmaster that he:was being dismissed from all service with Carrier, effective 3:00 PM, November 7, 1979, for being dishonest with the Supervisor in order to avoid performance of his duty and for sleeping on company property.


          An investigation was requested and granted. As a result thereof it was concluded that the investigation held on December 10, 1979 supported Carrier's conclusion of his dismissal as stated in the letter of November 8,.1979.


          The Board finds that Claimant was accorded a fair hearing, that he was found guilty based on substantial, credible and competent evidence and that the discipline assessed was, in the circumstances, not unreasonable. This Claim will be denied.


Award Claim denied.

C/. .lp.---

A. D. Arnett, Employee Member E. N. ,Tacobs Jr., Carr er Member
 _v

                        'At-thur T. Van Wart, Chairman and Neutral Member


                        Issued at Falmouth, Massachusetts July 22, 1981.