NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20300
Joseph A. Sickles, Referee
(Veronica Dolan
PARTIES TO DISPUTE:
(Canadian Pacific Limited
STATEMENT OF CLAIM: This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of my
intention to file an ex parts submission on July 18, 1973 covering an
unadjusted dispute between me and the Canadian Pacific Rail Company
involving the question;
The payment of shortages by me, the employee for ticket
sale shortages. These shortages were not voluntarily made by me, the
employee; and yet I was asked to pay these shortages in cash from my
own money. Canadian Pacific said there was no way they could deduct
these shortages from my paycheck because they had no computer code
for this type of deduction. I wish to know whether it is legal under
federal law for Canadian Pacific to ask me to repay these shortages
out of my own pocket. The Department of Labor & Industries advised
me not to pay these shortages out of my own money as this would be an
admission that I had purposely caused these shortages. Also, I wish
to know why the books were not first audited by the home office in
Montreal before we were asked to pay shortages.
OPINION OF BOARD; Claimant disputes Carrier's method of obtaining
a repayment of cash shortages.
On June 18, 1973, Claimant served notice to this Board of
intention to file an ex parts Submission. A review of the Docket
demonstrates that Claimant never presented a grievance to Carrier
under the applicable agreement, nor did she attempt, in any manner, to
handle the dispute on the property. The claim, therefore, was not
handled as required by Section 3, First (i) of the Railway Labor Act
and Circular No. 1 of this Board. See Award 19785 of this Referee,
and Award 19728 (Lieberman).
Moreover, a question of the Jurisdiction of this Board may
be raised at any time during the course of the proceedings. See
Awards 16786 (Zumas) and 18322 (Dorsey).
The claim is barred from consideration by this Board and
will be dismissed.
Award Number 20165 Page 2
Docket Number MS-20300
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 wit
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 claim is barred.
A W A R D
Claim dismiased.
NATIONAL RAILROAD ADJUSTMENT BOARD
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ATTESr: '11101:L~ By Order By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1974.
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