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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
3