NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Request for the reinstatement of John S. Turner, Dining Car Steward, to the service of the Lehigh Valley Railroad Company, with seniority unimpaired, who was dismissed from the service on February 17, 1949 due to accumulation of demerit marks in excess of the 90 maximum. (Case No. T-49-41).
OPINION OF BOARD: The principal facts are simple and are not in dispute. The claimant had been warned many times to correct his actions in making improper deposits of collections. The claimant committed this same offense on October 21, 1948 and during the subsequent investigation on November 4, 1948 he was told that "by better checking your accounts and separating your personal funds" these failures can be avoided. Sixty demerit marks were then assessed against his record. Under the Company's method of discipline the accumulation of a maximum of ninety demerits results in dismissal.
Less than three months after this warning, the claimant again, on January 20, 1949, failed to make proper deposits of his collections. He deposited $100.00 less than the correct total. He admitted that it struck him as unusual that in serving one hundred sixteen meals be should have collections for food of only $105.05. He stated that he "knew he had the money" but did not know where his mistake had been made. He made no effort to deposit the $100.00 shortage until eight days later, when the Carrier called it to his attention.
Without considering the question of intent, it is evident that the claimant failed to heed the warnings and to correct his actions, even though he knew sixty demerits then stood against his record for the same offense. He must have known that a repetition of this same offense three months later would probably result in the assessment of another sixty demerits, which would result in dismissal. The claimant knew that he should have contacted the Carrier immediately when he found out he was over in his money balance, instead of waiting for the Carrier to call it to his attention eight days later. The employe was not disciplined previously and is not being discharged now for a simple mistake in arithmetic. He knew he was over in his money balance. If he had separated his personal funds from the Carrier's funds, as he was warned to do, he should have deposited that amount immediately.
The Awards cited by the Employes cover factual situations where the claimants had not been previously disciplined. In this case the claimant's record shows a history of frequent violations of the same nature, and the