-- Award Number 17431
Docket Number TE-16573
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYES UNION
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Transportation-Communication Employees Union on the Illinois Central Railroad, that:
1. Carrier acted improperly when it suspended Elizabeth Swanner,
ticket agent, Randolph Street, Chicago, Illinois, from service for
a period of forty-five (45) working days on a charge that she
failed to properly safeguard money of the Company in accordance
with Rules 50 and 52, a charge not supported by the investigation.
2. Carrier shall clear the personal record of Elizabeth Swanner of
the unfounded charges, and compensate her in accordance with
the provisions of Rule 22, paragraph H of the Agreement.
OPINION OF BOARD:
The Claimant herein, ticket agent at Carrier's
Randolph Street Station, Chicago, Illinois, was suspended from service for
a period of forty-five working days, on charge that she failed to properly
protect Company funds in violation of Rules 50 and 52 of the General Rules
for the Guidance of Suburban Station Employees, resulting in loss of some
$800.00 of Carrier's funds.
Rule 50 of the rules referred to reads:
"Agents must be extremely careful of the money of the company;
they must use every precaution against loss by theft or otherwise.
All cash must be kept in safe, if one available, under lock when
agent is not on duty."
and Rule 52 reads:
"Cash in excess of actual amount necessary for change purposes
must not be kept in drawer but must be put in safe, if one available, under lock."
The claim is that the Claimant's personal record be cleared of the
charges and that she be compensated for the time out of service.
We have carefully reviewed the entire record in the dispute. We find
that none of Claimant's substantive rights under the Agreement were violated in the manner in which the charges were preferred or the investigation conducted. There was substantial evidence adduced at the investigation
to show that Claimant was
careless in
the handling of funds. We will,
therefore, deny 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 not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of Third Division
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1969.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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