SPECIAL BOARD OF ADJUSTMENT NO. 1048

Award No. 28

Parties to Dispute:

Brotherhood of Maintenance of Way Employes

and

Norfolk and Western Railway Company

Statement of Claim:

Claim on behalf of J. R. Ramey requesting that the Claimant be reinstated with all rights unimpaired and compensated for all time lost as the result of his dismissal for failure to follow instructions on July 9, 1991 to train H. G. Ratliff on the operation of the undercutter and leaving Company property without permission on July 10, 1991.

[Carrier file MW-BLUE-91-20-LM-235]

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.

AWARD

After thoroughly reviewing and considering the transcript and the parties' presentations, the Board finds that the claim should be disposed of as follows:

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Thomas i auro

Richard A. Lau u r. F. Mille
Organization Member Carrier Mem ear

Issued at Philadelphia, Pennsylvania on August 3, 1992