The Board, after hearing upon the whole record and all the evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended: this Board has jurisdiction over the dispute involved herein: and, the parties were given due notice of hearing thereon.
Claimant was suspended from service on February 25, 1985 and then dismissed from service effective April 4, 1985 following a company hearing at which the Carrier had determined him to be in violation of Rule 801 of its General Rules and Regulations on a charge that held Claimant had made an unauthorized purchase of gasoline with a company GELCO credit card on February 11, 1985.
While there is reason to believe from review of the transcript of investigation that Claimant may well have been given the company credit card by a Track Foreman in order to purchase gasoline in five gallon gas cans for use in company motor cars, we are not persuaded that Claimant has provided a satisfactory explanation
for the credit card statement which he had signed reflecting the purchase of 16.2 gallons of gasoline which was said to have been put into his personal vehicle. We fail to comprehend the Claimant's contention that although the statement showed only a purchase of gasoline, that in addition'to having purchased gas in the five gallon cans for the company he had also purchased 3 or 4 quarts of oil at that same time since there was no oil in the company warehouse.
In the light of a complete review of all testimony offered at the company hearing and in consideration of Claimant's past disciplinary record during his five and one-half years service, we have no reason to substitute our judgment for that of the Carrier with respect to the instant infraction of rules or the extent of discipline it elected to impose. The claim for reinstatement to service will be denied.