NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21819
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood GL-8275,
that:
- (a) Carrier violated the Agreement when it wrongfully dismissed
R. E. Collins following an investigation held at Champaign, Illinois on
Wednesday, May 14, 1975, and that
(b) Carrier now be required to return R. E. Collins to active service with all rights and privil
lost during the time he has been illegally withheld from service.
OPINION OF BOARD: This dispute involves the dismissal of Claimant, after an
investigation, for his responsibility for the disappear
ance of over $400.00 from Carrier's ticket office at Rantoul, Illinois on
March 18, 1975.
An examination of the handling of this dispute on the property reveals two fatal flaws in Petiti
and including the handling with Carrier's highest officer. It is well established by a host of award
that leniency is solely within the perogative of management. Second, the Claim
as presented in the final handling on the property is distinctly different than
that presented to this Board. It is noted that the allegation of a violation
of the Agreement as well as the request for full pay for time lost was never
raised on the property. Section 3, First (i) of the Act contemplates that the
claim denied by the Chief Operating Officer on the property is the claim which
may be referred to this Board. In a directly parallel situation, in Award 15712,
we said:
" ....Not until the claim was presented to this Board did
Petitioner introduce a request for payment of wages lost.
Thus, it is clear that the claim as progressed on the property is not the same claim this Board has
In view of the change from a plea for leniency to a claim for
improper dismissal of Mr. Huffman and for payment of all wages
lost, in accordance with well established principles that this
Board will not consider claims which were not made during the
handling of the case on the property, we dismiss the claim."
Based on the reasoning expressed above, the Claim must be dismissed.
Award Number 21550 Page 2
Docket Number (`,1-21819
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;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
/z//a,
Dated at Chicago, Illinois, this 33-st day of May
1977.