SPECIAL BOARD OF ADJUSTMENT N0. 421
THE ORDER OF RAILROAD TELEGRAPHERS )
vs )
NEW YORK CENTRAL RAILROAD, EASTERN DISTRICT )
(except Boston and Albany Division) and )
NEW YORK DISTRICT )
STATEMENT OF CLAIM
:
1. Carrier violated Article 32 of the Telegraphers' Agreement when it required
F. X. Troy, Extra Assistant Agent, Harmon, N. Y., to pay $35.55 without
being accorded a fair and impartial hearing.
2. Carrier shall be required to reimburse F. X. Troy in the amount of $35.55
together with interest at the rate of 6% from September 2, 1959.
OPINION OF BOARD
:
The handling of the "shortages" problem has been a source of considerable
confusion on this property. Under the circumstances of subject case, we think
Claimant should be reimbursed in the amount which he paid the Carrier at its
request ($35.55), this reimbursement to be made without interest.
We are of the opinion that the proper procedure for handling shortage questions is as follows: If the Carrier requests an employe to make good a shortage,
he should either reimburse the Carrier in the amount of the stated shortage or
avail himself of the right to a hearing in accordance with Article 32(d) of the
Agreement. If the employe reimburses the Carrier, the matter shall be considered
closed. If Article 32(d) is invoked by the employe and the Carrier's decision
following the hearing is not mutually satisfactory to the parties, said decision
may be appealed as provided in the Agreement.
AWARD
: Claim sustained in part as stated in the above Opinion of Board.
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Chairman
/s/ L. Faulds /s/ R. J. Woodman
L. Faulds, Carrier Member R. J. Woodman, Employe Member
Dated July 23, 1962.