SPECIAL BOARD OF ADJUSTMENT NO. 1048
AWARD NO. 140
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of D. M. Dickinson for reinstatement to service 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
held on September 30, 2003 for his conduct unbecoming an employee for
making false and conflicting statements in connection with a vehicle
accident involving a company vehicle on March 27, 2001.
(Carrier File MW-ROAN-03-32-LM-192)
FINDINGS
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 hearing, the Board was advised that Claimant reached a settlement with Carrier that
renders this claim moot. Therefore, the claim is dismissed.
Mark D. Selbert
Chairman and Neutral Member
D..
artholomay D. L. Kerby
Organ~nation Member Carrier Member
Issued at Saint Augustine, Florida on January 17, 2005.