NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
SG-21346
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Pacific Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation
Company;
(a) The Southern Pacific Transportation Company violated or
misapplied the Agreement between the Company and its employes in the Signal
Department, represented by the Brotherhood of Railroad Signalmen effective
October 1,
1973,
and particularly Rule
72.
(b) Mr. Blackmon be reimbursed the amount of One Dollar ($1.00),
the amount charged by the Bank of America (Firebaugh Branch) to cash his pay
roll check. farrier's file: SIG 129
OPINION OF BOARD: The dispute herein involves a $1.00 check cashing charge
incurred by Claimant when he cashed his paycheck at a
Bank of America branch at which he did not have.an account.
Petitioner bases its position on the provisions of Rule
77
which
contains the rates of pay. It is argued that Claimant was entitled to the
exact amount of cash, in United States currency, which was provided for in
the Agreement.
Carrier argues that this unique claim is deficient in a number of
respects: Claimant accepted the check as lawflxl payment in the first instance;
the check cashing charge was incurred voluntarily by Claimant since he had
a number of options available to him; past practice is totally inconsistent
with the Claim; and the Claim is lacking in Agreement support.
It is interesting to note that the check in question was drawn on
the very bank which Claimant chose to obtain the cash. That there were other
options available to Claimant is apparent, particularly since Petitioner
refers to a number of viable alternatives in its submission and rebuttal
statements. Claimant's position taxes our credulity in view of the long
history of pay checks both with this Carrier and throughout industry in this
country. However, without dwelling on past practice or the other implications
of this Claim, the simple fact is that there is no rule support for Petitioner's
position. The Claim must be 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;
Award Number 21493 Page 2
Docket Number
SG-21346
That the Carrier and the Employes involved in this dispute are
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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
49-AV 4&14eAve
Dated at Chicago, Illinois, this 15th day of April 1977.