SPECIAL HOARD OF ADJUSTMENT NO. 1048
Award NO. 101
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
Norfolk Southern Railway Company
Statement of Claim:
Claim on behalf of J. K. Wolford for reinstatement with
seniority, vacation and all other rights unimpaired and pay for
all -time lost as a result of his dismissal from service
following a formal investigation on January 18, 2000, for
failure to properly report an alleged on-duty injury on
December 8, 1999 and making false statements and malingering in
connection with such alleged injury.
(Carrier File MW-ROAN-99-75-MS-513)
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.
AWARD
After thoroughly reviewing and considering the on-property record and the
parties' presentations, the Board finds that the claim should be disposed
of as follows:
The Carrier met its burden in proving the charge against the Claimant
involving his failure to report a personal injury he allegedly incurred and
for falsifying the nature of that alleged injury. Claim denied.
Chairman and Neutral Member
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R. A. Lau D. L. Kerby
Organization Member Carrier Member
Issued at Norfolk, VA on September 10, 2000