AWARD NO.
Organization
le
PUBLIC LAW BOARD
PARTIES TO DISPLTE
) BROTHERHOOD OF MAINTENANCE \VAY EMPLOYES DIVISION,
) INTERNATIONAL BROTITERHOOD OF TEAMSTERS
)
)
) CSX TRANSPORTATION, INC
STATEMENT OF CLAIM:
l. The discipline [thirty (30) day actual suspension] of Mr. J. Auman, by letter dated July 1 201 for alleged violation of Rules 100.1, 104.13 and 2002.3 was arbitrary, unsupported. unwarranted and in violation of the Agreement (Carrier's File 2017-224241 CSX).
As a consequence the violation referred to in 1 above. Claimant J.
shall ' ... be returned to service, be fully exonerated of all charges brought against him and to lost credits.' 
Exhibit 'A-2').
FINDINGS:
The Board, upon consideration of the entire record and all of the evidence, finds that the parties are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated March 2008, this Board has jurisdiction over the dispute involved herein, and that the parties were given due notice of the hearing held.
The essential facts in this case are undisputed. On June 22,201 , while he was conducting a job briefing at the Frontier Yard office, Roadmaster Rich Pavetto noticed that Claimant had his head bent forward and his body was slumped over. In addition, according to Pavetto, Claimant was
PUBLIC LAW BOARD NO. 7163
noticeably snoring. After sitting across from Claimant
to come
talk to Pavetto. he admitted that had been
about
minutes,
to
a result of this incident Claimant \Vas directed lo attend a investigation at which
he \.vas charged with sleeping. Following the investigation, Claimant was assessed a thirty-day suspension.
Claimant did not deny that he was sleeping. Ile acknowledged that had not compliedwith Operating Rule 104. l which prohibits sleeping on duty. He asserted, though, that he had taken medicine that had been prescribed for him and it had made him drowsy. He explained that he had been using one medication for several years, but had just begun taking an allergy medicine. He testified that he had contacted physician after this incident and then stopped taking the allergy medication. He offered into evidence a document explaining the interaction of the two drugs, and how their use together might increase side effects such as drowsiness.
While Claimant has explained why he fell asleep during thejob briefing, the Board does not find that this exonerates him. As he became drowsy, he should have taken some action to ensure that he would not fall asleep. We find that the Carrier had substantial evidence to support its charge against Claimant.
Withrespect to the levelofdiscipline imposed, we note that this was Claimant's third serious offense in less than fifteen months. The first ofthese offenses also involved himsleeping on thejob. Under the Carrier's Individual Development and Personal Accountability Policy (1DPAP), a third serious offense within a three-year period can result in discipline. The Carrier states it had, because
PUBLIC LAW BOARD No. 7163
of the circumstances in this case. extended leniency to Claimant by assessing only a thirty-day
case. and we find not basis modifying it
AWARD: Claim denied.
ar
Chairman and Neittral Member
J
Andrew Mulford Employee Member
Katrina Donovan C arrier Member
Dated: --2/-4/1-9
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Arlington Heights, Illinois