NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24193
I. M. Lieberman, Referee
(The Brotherhood of Railway, Airline and Steamship Clerks
PARTIES TO DISPUTE:
(Staten Island Rapid Transit Operating Authority
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9451)
that:
1. The Carrier violated the established practices and rules of the
Brotherhood, specifically those involving discipline, when they reprimanded
Agent M. Prato for an alleged violation of an operating rule and in addition,
required him to reimburse the Carrier in the amount of $97.20.
2. The Carrier will purge the reprimand from Mr. Prato's record and
reimburse him the amount of $97.20.
OPINION OF BOARD: The dispute in this matter involves the loss of certain ticket
stock from the ticket booth in which Claimant had been working.
The record indicates that Claimant had absented himself from the booth for a period
of eight minutes in order to go to the washroom. During that time interval, someone
broke the wooden chock to the window of the booth and took some $97.20 worth of
tickets. The tickets had been pushed some 12 inches from the window slot and the
cash put in a drawer during Claimant's absence.
Petitioner argues that Claimant took all the necessary precautions
for his short absence and should not have been held accountable for the loss of
tickets. Additionally it is pointed out that Carrier has not established that
any of the tickets have been used and hence that it did indeed suffer a loss.
Carrier notes that it is impossible to prove that the tickets in question
have been used (or the contrary) and it has always adhered to strict accountability
for such stock. Carrier notes further that the evidence clearly established that
Claimant was careless at least with respect to protecting the stock; he did not
even put the tickets in the drawer with the cash, much less in a locked receptacle.
As the Board views this matter, it is clear that the evidence supports
Carrier's conclusion that Claimant had not been diligent and careful in protecting
the ticket stock. Thus Claimant was properly held to be guilty of the charges
levelled against him. With respect to the penalty assessed, a reprimand was not
excessive and further Claimant's responsibility and accountablility for the ticket
stock is mandatory. Since the tickets were not recovered, contrary to Petitioner's
argument, the loss to Carrier is a proper presumption.
Award Number 24923
Docket Number CL-24193 Page 2
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 involcad 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:
Nancy J. Lever - Executive Secretary
Dated at Chicago, Illinois, this 30th day of July 1984.