AATICRAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-21033
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline end
Steamship Clerks, Freight Handlers,
&xprese and Station H~aployea
PARTIES TO DISPUTE:
Robert W. Blanchette, Richard C. Bond
and John H. McArthur# Trustees of the
Property of Penn Central Transportation
Compafnr, Debtor
STATEMSa1T of CIADI: Claim of the System Committee of the Brotherhood
(01-7749)
that:
(a) The Carrier violated the Rules Agreement, effective Febru
ary
1, 1968, particularly Rule 6-A-1, when it assessed discipline of 30 days,
later reduced to
5
days, suspension on R. A. Jamison, Ticket Seller at the
Carrier's 30th Street Passenger Station, Philadelphia, Pennsylvania.
(b) Claimant R. A. Jamison's record be cleared of the charges
brought against him on September
12, 1973.
(c) Claimant R. A. Jamison be compensated for wage loss sustained
during the period out of service.
OPINION Cg' BOARD: Claimant was instructed to attend an investigation in
connection with:
"Violation of Treasury Department Instructions
TD-50,
Rule 2-(a) the past thereof reading 'Money, postage
and revenue stamps, and negotiable paper must be
locked in safe or otherwise protected when office is
unoccupied' Wednesday August
15,.1973
by failing
to lock #60.00 of your assigned Cash Bank of $100.00
in compartment number lower 3 in the office safe
which
was personally assigned to you for the protection of
company fVads."
Subsequent to investigation, Carrier assessed a 30 days' mspension. Prior to submission of the d
reduced to a
5
day pension.
Claimant was a Ticket Clerk in Philadelphia, Pennsylvania. On his
second rest defy, a check of cash banks disclosed a $60.00 shortage in his
ticket office safe compartment. When Claimant reported for work on the
next day, and was confronted with the shortage, he directed the Supervisor
Award Humber 21111 page 2
Docket Humber CL-21033
to a locked ticket window drawer - in which he maintained his ticket stock
- which contained the $60.00 which had been placed therein when Claimant
last went off duty.
Claimant conceded that be had been assigned a separate compartment
in the main safe (small compartment
#3),
but he placed the money in his
ticket stock drawer because:
"I was saving half dollars in silver and silver
certificates for M'. Ward and Fred Martin. I
felt that after putting these half dollars and
the rest of my due bill in the safe for a number
of days, that it made it difficult to open in
the morning, because these silver half dollars
would be mixed in with my regular loose change.
Therefore, on the 13th of August,
1973,
this
money was placed in my ticket stock drawer and
I was under the assumption that this would still
be a secure place."
Further, he stated that if he had placed the $6p.00 in his safe
compartment, it would have been "...awkward to even open and close the safe
drawer more or lees."
The Hoard has considered the Organization's assertion that the
charge was not exact, as required by the Agreement. We disagree with that
contention, and find no procedural deficiencies.
Claimant asserts that use of the ticket drawer resulted in the
money being "otherwise protected" as required by the Rule. Although there
is no written instruction on the subject, Carrier interprets the rule as
permitting an alternate protection system only when a safe is not provided.
Hut, in any event, the record is clear that ticket sellers had been instructed
that their cash working funds were to be secured in their personally assigned
compartments in the main safe.
Claimant's argument that the fact that the drawer he used provided
sufficient security for ticket stock - and thus was safe for cash - is not
persuasive. Ticket stock is not negotiable until validated by the appropriate
stamp which is maintained in the safe.
The instructions issued to ticket sellers was not unreasonable
under these circumstances. The Claimant chose to ignore those instructions
for reasons of his own personal convenience. We find no basis for disturbing
the discipline imposed.
Award Number 21111 Page 3
Docket Number CL~21033
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employer within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
AATIQ1AL RAILROAD AWMTbM HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, I111nois, this 29th day of June 1976.