This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The record evidence establishes that during the time frame relevant to the instant claim, April 1993, the Claimant was assigned to System Production Tie Gang (6XT0) in the Walbridge, Ohio area. The Claimant had in his possession a Corporate Lodging Card ("CLC") which is provided to employees to charge lodging expenses while they are working away from home.
The record evidence further establishes that the Claimant used the CLC for personal business during days he spent at a Holiday Inn at his home location of St. Joseph, Michigan. The Carrier was charged for lodging for the April dates specified in the claim, and on those days the Claimant was either on vacation, on rest or observing a holiday.
Clearly, the Claimant was guilty of dishonesty and in violation of the Carrier's Rules. Although there is a suggestion that the Claimant may have been confused because (1) he had moved his residence and (2) he did not understand that he could not charge for lodging while on rest days or vacation or observing a holiday, that ,uggestion/defense does not justify Claimant's clear violation of applicable Rules.
The Claimant's dishonesty was discovered by the Carrier on its own, and not because the Claimant was forthright and came forward to disclose that he had engaged in wrongdoing. Accordingly, the Claimant's offer to make restitution after being caught "red handed" is not viewed by the Board as sufficient mitigation to justify reduction of the discipline.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.