SPECIAL BOARD OF ADJUSTMENT NO. 1048
Award No. 34
Parties to Dispute:
Brotherhood of Maintenance of Way Employes
and
Norfolk and Western Railway Company
r.
Statement of Claim:
Claim on behalf of Paul Abbott requesting reinstatement -
with all rights unimpaired and pay for all time lost in -
connection with his dismissal for fouling a live track
without positive protection, improper performance of duty
as a machine operator which resulted indestruction of a
radar junction box and interruption of the hump operation,
failure to promptly report the damage to the radar
junction box, and failure to follow the instructions of
the foreman.
 
[Carrier File MW-ROAN-92-02-LM-005]
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:  
B
  
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Thom-s J. iLauro
  
42 
M
Richard A. Lau   
. F. 
iller
Organization Member  Carrier Memb r
issued at Philadelphia, Pennsylvania on August 3, 1992