NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Lloyd H. Bailer,
Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-5329
) that:
(a) Mr. Ben Zimmer, incumbent of a regular position of Ticket
Seller, Pennsylvania Station, New York, N. Y., New York Region,
be
relieved of
the debit of $692.98 which was missing from his cash
drawer March 3, 1959.
(b) All money which he was forced to pay toward the $692.98 in
order to hold his position be returned.
(c) Proper protection be furnished to protect all bonded employes who handle Company funds and other valuables. (Docket 1150)
OPINION OF BOARD: Under the exceptional and unusual circumstances in this case, the action of the Carrier in requiring the employe to
make reimbursement was tantamount to discipline. We therefore find that
he should
have been
given a trial in accordance with the discipline rule ofthe Agreement. Parts (a) and (b) of the claim will ba sustained. We are
without authority, however, to grant the remedy requested in Part (e) of
the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
(329]
13575-2
330
AWARD
Parts (a) and (b) of the claim are sustained. Part (c) of the claim is
dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1965.