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the charge. A Rule 1.13 violation called for discipline at UPGRADE Level 2, but because Claimant had a prior Level 2 discipline assessment within the prior twelve months, his discipline was assessed at Level 3, a five day suspension.

The Organization has raised a number of procedural arguments. We have considered all of them. None require any discussion beyond observing that none of the objections raised by the Organization, singularly or in combination, provide a basis for upsetting the discipline.

The record reflects that Claimant, in his position as Equipment Mechanic, was issued a Visa credit card to make purchases necessary for him to perform his duties. All recipients of a Carrier purchasing credit card are required to maintain monthly transaction logs and receipts for purchases, and each month to reconcile the transaction log and receipts with the monthly bank statement and forward them to their managers. The record further reflects that Claimant failed to do so with respect to the statements for December 2005 and January and February 2006 until he was charged and directed to report for the investigation.

The Organization argues that there were no instructions setting express deadlines for submitting the reports. Carrier's Visa Purchasing Card Procedure Manual, however, expressly provides that if the log is not received 30 days after the bank statement date, a letter is sent to the cardholder and his manager; if the log is not received 60 days after the bank statement date, another letter is sent to the cardholder and his manager and if the log is not received 90 days after the bank statement date, the card is suspended. The manual further provides that the cardholder "must settle all errors on the statement within 60 days of the statement date."

Claimant testified that he was unaware of the deadlines and that he had never seen the manual. His testimony was belied by a receipt that he signed in which he acknowledged that he had read the manual and agreed to abide by its terms.

Claimant maintained that he had difficulty obtaining receipts from one particular vendor and that was why he was late in submitting his logs. However, Claimant also testified that he obtained the receipts in early April by physically going to the vendor's place of business and there is no evidence that Claimant could not have done this earlier and no evidence that he informed his manager of the difficulties he was having obtaining receipts. Considering all of the evidence in the record as a whole, we find that Carrier proved the charge by substantial evidence.

The penalty imposed was in keeping with Carrier's UPGRADE and was reasonable under the circumstances. However, it is clear that the discipline has served its purpose; indeed, it appears that the notice of investigation jolted Claimant into compliance and he submitted the tardy reports prior to the actual hearing. Under the circumstances, we shall award that Carrier remove the discipline from Claimant's record but Claimant is entitled to no compensation for lost wages or any other relief.
-PL 13

                                                Award I


                        AWARD


    Claim sustained in accordance with the Findings.


                        ORDER


The Board, having determined that an award favorable to Claimant be made, hereby orders the Carrier to make the award effective within thirty (30) days following the date two members of the Board affix their signatures hereto

                    Martin H. Malin, Chairman


                                            ~- z z- ajp-


B. W. Hanquist T. W. Kreke
Carrier Member Employee Member

      Dated at Chicago, Illinois, April 17, 2008


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