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:
(i) Carrier violated the provisions of Rule 24 when, on September 19,
1994, it held Claimant from service pending a disciplinary
investigation.
(2) Carrier acted in an arbitrary, capricious and unjust manner in
violation of Rule 24 of the Agreement, when by notice of October
12, 1994, it assessed discipline of "Termination from Service"
against Claimant, pursuant to an investigation held on September
28, 1995.
(3) Carrier shall now reinstate Claimant to service with seniority rights
unimpaired and compensate Claimant an amount equal to what he
would have earned, including but not limited to daily wages, holiday
pay and overtime, had he not been held from service and had
discipline not been assessed.
(4) Carrier shall now expunge the charges and discipline from
Claimant's record.
(5) Carrier shall now reimburse Claimant for any amounts paid by him
for medical, surgical or dental expense to the extent that such
payments would be payable by the current insurance provided by
Carrier.
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
Parties to said dispute were given due notice of hearing thereon.
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.