Parties to Dispute:
Statement of Claim:
SPECIAL BOARD OF ADJUSTMENT NO. 1048
AWARD NO. 181
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Claim on behalf of D. M. Harrison for reinstatement to service with seniority, vacation
and all other rights unimpaired and pay for time lost as a result of his dismissal from
service following a formal investigation held on April 29, 2009, in connection with
engaging a co-worker in a physical altercation and threatening him with a pocket knife
on March 9, 2009.
(Carrier File MW-HARK-09-04-SG-116)
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 appearing that the claim was resolved on the property, the claim is dismissed as moot.
M. H. Malin
Chairman and Neutral Member
:J
T. W. Kreke
Organization Member
D. L. Kerby
Carrier Member
Issued at Chicago, Illinois on September 24, 2009.