Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall not serve as a precedent in any other case.
After thoroughly reviewing and considering the transcript and the parties' presentations, the Board finds that the claim should be disposed of as follows:
The Carver met its burden in this case. Since it is questionable whether Claimant intended to commit a theft with his misuse of the Carrier's credit card, and in view of the fact that he reimbursed the Carrier for the charges he made on that card, these factors, including his good work record, mitigate the discipline he was assessed. Claimant's discharge will be reduced to a suspension without pay for time lost, but with the restoration of his benefits and unimpaired seniority rights. To the extent of the findings, the Claim is partially sustained.