SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 42
Docket No. NEC-BMWE-SD-1496D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
On March 12, 1986, Claimant J.F. Kelley was notified to attend a
hearing in connection with the charge:
violation of NRPC General Rule of Conduct, Rule 'F', Employee
Conduct, Sub Section #5 which reads: "Employees must not sleep on
duty, and must not be so inattentive to their jobs as to appear to
be sleeping."
Specification: In that on March 12, 1986 in the vicinity of Odenton
MW Base at approximately 4:55 A.M. to 5:15 A.M., you were observed
sleeping in a Company vehicle by Engineer Track & Structures, W.E.
Weszka.
The hearing was held on March 20, 1986, and as a result, Claimant was
assessed a thirty-day suspension. The
Organization thereafter
filed a
claim on Claimant's behalf, challenging the suspension.
This Board has reviewed the evidence and testimony in this case,
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of sleeping on the job.
Once this Board determines that there is sufficient evidence in
the record to support the guilty finding, we next turn our attention
to the type of discipline imposed. Sleeping on the job and related
offenses often lead to dismissal. In this case, the 30-day suspension
was not an unreasonable discipline given the nature of the offense and
the Claimant's record. Consequently, this Board must deny the claim.
1
Award:
Claim denied.
Neutral ember
Carrier ember rganization Member
Date:
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