PARTIES Brotherhood of Maintenance of Way Employees
 TO
 DISPUTE: and
 CSX Transportation, Inc.
 STATEMENT The dismissal of Welder Helper W. L. Hargrove,
 OF
 CLAIM: Jr. was without just cause and he shall be
 reinstated with seniority and all other rights
 unimpaired and compensated for all wage loss .
 suffered.
 FINDINGS: Claimant, a welder helper with six years seniority,
 was dismissed for sleeping on duty. A hearing was
 duly held in the matter before discipline was
 administered and no prejudicial procedural error
 is disclosed by the record.
 The evidence amply supports Carrier's findings.
 welder Albritton, who claimant was assigned to
 assist, testified that while he was building engine
 burns at Mile Post 847.1 and was under the
 impression his assistant was behind him, he heard
 a train whistle blow, looked up and saw a train
 coming around the curve. Albritton testified
 further that he jumped up, began to throw his

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                      hollered at him." Claimant arose, helped the

                      welder finish getting the hose out of the way and

                      the train then passed.


                      Claimant's testimony is that while he was standing behind Albritton as the latter was building the burns, claimant began to feel sick and proceeded to sit on the gas tank of the truck. His testimony shows that he sat there for a considerable amount of time:


                          " ..and my head was still bothering me and at that time I just felt my self just doze on off

                          _ and the next thing I know, the welder hollered at me."


                      Claimant had previously been warned orally and by letter against sleeping while on duty and there is - no justification for his flagrant lack of due care in the instant case. While Albritton was engaged - in his welding duties, claimant's responsibility was to be vigilant and to provide protection against traffic and other hazards. He did not warn the welder that he was too sick to discharge his responsibilities or that he was going off to relax on the truck tank. No persuasive medical - proof has been furnished that claimant's condition was such that his negligence could be excused. On the contrary, his own testimony establishes that


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            he could not be relied on to be alert and provide the protection to which the welder was entitled.


            The offense is particularly serious in view of the time and place it occurred. No valid ground exists for disturbing Carrier's decision to dismiss claimant.


AWARD: Claim denied.

            Adopted at' Jacksonville, Florida, Yh,,kPC4.,I'1 , 1987.


                      ~G T

            Harold M ' ston, fman


m &-La_
 Carrier Member Employee Member

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