Parties to Dispute:







Statement of Claim:

      Claim on behalf of R. W. Barbour requesting reinstatement and pay for time lost as a result of his dismissal for violation of Operating Rule 829 on August 26, 1992.

                  (Carrier File: MW-ROAN-92-42-SG-205]


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:

The discipline of dismissal is modified to a six month suspension.

^C, a-man s a - - e re urrie O u y a nd'paidfarall^rosSeg'3'aSL~ii~ in -xrt-qq of six mnnthc from tha data of his dismissal.


                        John etch


~`j~J · i
Richard A. Lau E. N. Jaco s Jr.
Organization Member Carrier M er

            Issued at Norfolk, Virginia on August 30, 1993

                  SPECIAL BOARD OF ADJUSTMENT NO. 1048


                          Award NO. 40


Parties to Dispute:

              BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                              AND


                  NORFOLK AND WESTERN RAILWAY COMPANY


Statement of Claim:

      Claim on behalf of R. W. Barbour requesting reinstatement and pay for time lost as a result of his dismissal for violation of Operating Rule 829 on August 26, 1992.

                  [Carrier File: MW-ROAN-92-42-SG-205]


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:

The discipline of dismissal is modified to a six month suspension.
    aiman sftail e returned o u y n paid


in axraca of six mnnthc from fiha date of his dismissal.

                              ./


                                          w ~


                        John etch


Richard A. Lau E. N. Jaco s Jr.
Organization Member Carrier M er

            Issued at Norfolk, Virginia on August 30, 1993