NATIONAL RAILROAD ADJUSTMENT BOAR
THIRD DIVISION Docket Number CL-20560
William M. Edgett, Referee
(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
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7447) that:
(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
Award Number 20596 Page 2
Docket Number CL-20550
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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