NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-25151
Paul C. Carter, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9743) that:
1. Carrier violated the Agreement between the Parties, beginning March
11, 1982, when Clerk D. L. Foriest was removed from service.
2. Carrier shall now be required to restore Claimant to service with
seniority and all rights unimpaired, and compensate her for all wages, and made
whole for all monies that she was required to spend for medical or other benefits.
3. Carrier violated the terms of the current Agreement dated November
1, 1974, namely, Rule 22.
OPINION OF BOARD: Claimant, who had been in Carrier's service about one year,
working in the Commuter Division, was held out of service on
March 11, 1982, pending an investigation scheduled for 10:00 A. M., March 19, 1982,
on the charge:
"Please arrange to attend a formal investigation at Randolph
Street to be held at 10:00 AM, on Friday, March 19, 1982,
for the purpose of determining whether there was a shortage
of approximately $1,233.43 in your Account No. 218 at
Randolph Street, as revealed by audit and reported to this
office on March 11, 1982.
You may bring a representative and witnesses in your behalf
as provided in your respective schedule agreement.
Your personal work record will be reviewed at this
investigation.
Also, please be informed that you are being relieved of
your duties as Utility Clerk on the Commuter Division
pending the above investigation. Please give the bearer
of this letter all of your company property.
This letter is being hand delivered to you personally
for which you will acknowledge receipt by signing the
exact duplicate copy attached."
Award Number 24914 Page 2
Docket Number CL-25151
The letter was over the signature of M. T. Molsky, Assistant Director,
Commuter Service. Following the investigation, which was held as scheduled,
Claimant was notified on March 26, 1982:
"Please refer to formal investigation held at Randolph
Street on Friday, March 19, 1982, at 10:00 a.m., concerning
the approximate $1,233.43 in your account No. 218 at
Randolph Street.
It was disclosed that you did not have cash or valid paper
on hand to balance your account with the company on the
day of the audit and you were not adjusting your differences
with your account as required. This is in direct violation
of Rule H23 of the General Rules for the Guidance of
Commuter Station Employees.
The investigation also revealed tfiat you violated Circular
T-2 dated May 16, 1980, which instructed you to pay cash
shortages and properly request a formal audit.
The investigation also brought out the fact that you were
not properly
maintaining ticket
sales records, specifically
Line 38 - Cash on Hand. This is in violation of Commuter
Division Instructions.
The investigation also revealed that during a period in
October, there was money missing in your account that you
could not explain.
Please be advised that for your failure in not complying
with the above rules and instructions, you are being
dismissed from the service of the Illinois Central Gulf
Railroad effective today, March 26, 1982.
This letter is being hand delivered to you personally.
Please acknowledge receipt by signing your name and date
on the exact du_Dlicate copy. Please also give to the
bearer of this letter your commuter pass and all other
company property."
Award Number 24914 Page 3
Docket Number CL-25151
The organization complains that the rules cited by the Carrier in the
letter of dismissal of March 26, 1982, were not cited in the letter of charge
dated March 11, 1982, implying that Claimant was charged with one offense and
dismissed for another, and that Claimant was not advised of the precise charge as
required by Rule 22 of the applicable agreement. We cannot agree with the
Organization's contentions. It is well settled that if exceptions are to be taken
to a letter of charge or the manner in which an investigation is conducted, such
exceptions must be taken prior to or during the course of the investigation;
otherwise they are deemed waived. The Carrier contends that such objections were
not raised during the on-property handling of the dispute and may not properly be
raised before the Board. Such is the case law of the Board, so well established
as to require no citation. See Awards 24635, 11443. It is also well settled that
specific rules need not be cited in the letter of charge, but may be cited in the
letter of discipline. The rules referred to in the letter of discipline were
discussed in the investigation. We find no proper basis for any of the other
procedural arguments raised in the Organization's submission. There seems to be
no dispute that the alleged shortage of $33.23 was barred under Rule 22.
The Carrier contends that the Claimant was disciplined for rule violations
relating to a $1,200.20 shortage.
There was evidence in the investigation showing a shortage in Claimant's
account of $1,200.20 for period from June 13, 1981 to January 29, 1982, and also
substantial evidence that Claimant violated various rules and instructions of the
Carrier concerning the handling of funds. She did not give a plausible explanation
for the shortage or non-compliance with the rules.
This Board has issued numerous awards upholding the dismissal of employes
entrusted with Company funds who violate applicable Company rules. Awards involving
this same Carrier include
Nos.
17090, 17154, and Award No.2 of Public Law Board
No. 2860. See also Awards
Nos.
9045, 18008, 18009, 24295 and 24414.
There is no proper basis for this Board to interfere with the discipline
imposed by the Carrier. The Carrier should not be required to retain in its service
a person who cannot properly handle its funds.
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 within the meaning of the Railway Labor Act, as
approved June 21, 1934;
Award Number 24914 Page 4
Locket Number CL-25151
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:
J. Dever - Executive Secretary
Dated at Chicago, Illinois this 30th day of July 1984.