PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES



STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5329 ) that:





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 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





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.