Parties to Dispute:
Statement of Claim:

 ,SPECIAL BOARD OF ADJUSTMENT N0. 1048
AWARD N0.172
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

 AND

 NORFOLK SOUTHERN RAILWAY COMPANY

 Claim on behalf of R. D. Farmer for reinstatement with pay for all lost time, and seniority and vacation unimpaired as a result of his dismissal from service following a formal investigation on February 14, 2008, concerning his:

 · Violation of Norfolk Southern Safety and General Conduct Rule N, in that on January
 18, 2008, he alleged that on or about March 5, 2006, he injured his right shoulder while
 fighting a fire at the Blacklick Bridge but failed to report the alleged injury to his
 immediate supervisor and complete and sign a written report of the alleged incident
 before leaving Company premises;
 · Conduct unbecoming an employee and making false and conflicting statements
 concerning the alleged on-duty injury.

 (Carrier File MW-BLUE-08-14-BB-060)

 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 record and the parties' presentations, the Board finds that the claim should be disposed of as follows:

 It appears that this claim has been resolved on the property. Accordingly, the claim is moot and is hereby dismissed.

 ::: ~ , ~4 ;,ee ~;; ~ W
 T. Kreke /-2-/7 epd~
 Organization Member

M. H. Malin

Chairman and Neutral Member


Issued at Chicago, Illinois on November 30, 2008

 D. L. Kerby
 Carrier Member