PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

 STATEMENT OF CLAIM: That the Carrier's decision to remove South
 ern Trac oan J. E. Baker from service was unjust; That
 the Carrier now reinstate Claimant Baker with seniority, vacation,
 all benefit rights unimpaired and pay for all wage loss as a re
 sult of investigation held January 25, 1985 continuing forward
 and/or otherwise made whole, because the Carrier did not intro
 duce substantial, creditable evidence that proved that the Claim
 ant violated the rules enumerated in their decision, and even if
 Claimant violated the rules enumerated in the decision, permanent
 removal from service'is extreme and harsh discipline under the
 circumstances.

 FIDIDINGS: This Public Law Board No. 1582 finds that the parties
 erg eir are Carrier and employee within the meaning of the Railway
 Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the claimant was notified to attend an investigation January 25, 1985 concerning personal use of a Company credit card and to determine the facts and place responsibility involving possible violation of Rules 1, 2, 4, 14, 16, and 29, General Rules for the Guidance of Employes, Form 2626 Std. Pursuant to the investigation, the claimant was dismissed from the service of the Carrier.

 The Board has examined the transcript of record. The claimant admits his guilt in that he took the credit card illegally and used it many times for his personal use during tie period of time that he was on layoff. At the time of the investigation the evidence indicates that he had used the credit card approximately 26 t::e§ using different names. It is obvious that the claimant knew he was i roperly usin the credit card. There is no basis to set the
 mp 9
 discipline aside.

 AWARD: Claim denied.



Dated at Chicago, IL March 25, 1985