NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
William M. Edgett, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
THE LONG ISLAND RAIL ROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6897) that:
1. Dismissal of Clerk D. B. Henderson on May 20, 1970 was
improper, unjustifiable and unwarranted.
2. Clerk D. B. Henderson shall be returned to work with seniority rights unimpaired and he shall be paid for all time lost, including all fringe benefits, beginning May 20, 1970, and each day
thereafter until such time as the violations are corrected and
claimant is restored to work.
OPINION OF BOARD:
Claimant was dismissed from service after a
shortage was discovered in his accounts. He stated that he had taken the
missing funds, intending to return them after personal use.
On the record before us it is clear that Claimant's dismissal was warranted. There is no evidence that Carrier's action was an abuse of the
discretion vested in it. The claim is denied.
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 3espectively 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: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 29th day of July 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.