NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-26329
(Frederick Gleason
PARTIES TO DISPUTE:
(New Jersey Transit Rail Operations
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(NJT-20) that:
(a) The carrier acted in an arbitrary and capricious manner
when it unjustly assessed dicipline (sic) of ten (10) days
suspension (deferred) which was reduced to a 'Reprimand'
by Labor Relations on 10-05-84.
(b) Claimant's record be cleared of the charges brought against
him on August 3, 1983."
OPINION OF BOARD: On June 16, 1983, Claimant working as a Cashier/Ticket
Clerk claimed to put in the safe a bag containing
$1,400.05. The next day he reported it to be missing. An investigation
followed which led to the above discipline because the Claimant failed to
properly perform his duties in protecting the funds. The charge was not
theft, and other people had access to the area containing the money.
The Claimant contends that the Carrier exceeded the time limits for
taking action. This would have been true if the charge were theft. However,
the claim was negligence, and it took an investigation to develop the information to justify the cha
The Board finds no reason to modify the Carrier's disciplinary
action. Claimant was obliged to turn over custody of the funds to the person
coming in on the next shift. By not waiting for that person to appear, the
Claimant created a void in the security chain, leaving the funds unguarded and
making it impossible to prove under whose jurisdiction the disappearance
occurred.
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 26120 Page 2
Docket Number MS-26329
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./a_~- Executive Secretary
Dated at Chicago, Illinois, this 19th day of September 1986.