(Brotherhood of Railway, Airline and Steamship ( Clerks, Freight Handlers, Express and ( Station Employes PARTIES TO DISPUTE: (George P. Baker, Richard C. Bond, and Jervis Lang( don, Jr., Trustees of the Property of ( Penn Central Transportation Company, Debtor



(a) The Carrier violated the Rules Agreement, effective February 1, 1968, particularly Rule 6-A-1, when it assessed discipline of 60 days suspension, later reduced to a conditional 15 days, on Claimant T. J. Lack, Clerk at the Carrier's Station, Coatesville, Pa., Eastern Region, Philadelphia Division.

(b) Claimant T. J. Lack's record be cleared of the charges brought against him on September 29, 1972, and that any adverse reports to the Bonding Company be corrected.

(c) Claimant T. J. Lack be compensated for any monetary loss sustained.

OPINION OF BOARD: Claimant was assessed sixty (60) days discipline re
duced to fifteen (15) days for failure to properly pro
tect company property on the weekend of July 22-23, 1972.

The Claimant was assigned as a Ticket Clerk at Coatesville, Peimsylvania with tour of duty 6:30 Claimant also worked four hours on alternate Saturdays, including the weekend in question.
On the weekend of July 22-23; 1972, the Coatesville Station was ransacked and burglarized by two juveniles, both of whom asserted under separate questioning that the safe door was open and they helped themselves to a sum of money located therein. There was no indication of forcible entry into the safe.

While the evidence establishes some degree of nonfeasance on Claimant's part, in that he than an oversight which, under the existing circumstances of this case, warrants a reprimand as a pr


              FINDIMS: 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
h 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 discipline assessed should be modified as discussed above.
A W A R D

              Claim disposed of per Opinion.


                                NATIONAL RAILROAD ADJUSTMENT BOARD

                                By Order of Third Division


              ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 31st day of January 1975.


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