PARTIES TO DISPUTE:


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.





                  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

        Executive Secretary


Dated at Chicago, Illinois, this 15th day of April 1977.