Form 1

NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION

Award No. 33840
Docket No. CL-33431
99-3-96-3-949

The Third Division consisted of the regular members and in addition Referee Edwin H. Berm when award was rendered.

PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

(Transportation Communications International Union

(National Railroad Passenger Corporation (Amtrak)

"Claim of the System Committee of the Organization (GL-11538) that:


(2) Carrier acted in an arbitrary, capricious and unjust manner in








Form 1 Page 2

FINDINGS:

Award No. 33840
Docket No. CL-33431
99-3-96-3-949

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

herein.

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.


This Division of the Adjustment Board has jurisdiction over the dispute involved



After Investigation, Claimant, a Baggage Person, was dismissed by letter of October 12,1994 for accepting payment from a customer and not remitting or reporting the same to the Carrier.


The record shows that on August 22, 1994, while working at Emeryville, California, Claimant accepted a 27 piece shipment from a customer to be shipped to Ann Arbor, Michigan, and collected approximately $221.00. The customer testified that Claimant handled the shipment and that he gave payment to Claimant. According to the customer, Claimant was paid in cash. The testimony of the Lead Baggage Person D. Williams shows that he assisted Claimant with the transaction with the customer and that Claimant took care of the customer's paperwork and movies. The testimony of the Customer Service Supervisor M. Jaeger establishes that the movies were not remitted to the Carrier.


Substantial evidence supports the Carrier's position that Claimant engaged in conduct worthy of discipline. Under the circumstances, dismissal was not arbitrary.


AWARD

Claim denied.
Form 1 Page 3

Award No. 33840
Docket No. CL-33431
99-3-96-3-949

ORDER

This Board, after consideration ofthe dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Dated at Chicago, Illinois, this 21st day of December 1999.