Special Board of Adjustment No. 1048
JOHN C. FLETCHER, CHAIRMAN & NEUTRAL MEMBER
R. A. LAU, ORGANIZATION MIM13ER
E N. JACOBS, JR., CARRM:R MEMBER
BROTHERHOOD OF
MAINTENANCE OF
WAY EMPLOYEES
and
F'
NORFOLK WESTERN RAILWAY COMPANY
Award No. 48
Hearing Date - January 27, 1994
Date of Decision - February 10, 1994
Statement of Claim
:
Claim on behalf of L. A. McGlone requesting that he be reinstated to service
and paid for time lost, as a result of this dismissal from service following
formal investigation held on May 14, 1993, in connection with his
fraudulent or untimely reporting of an on duty injury.
[Carrier File: MW-FTW-93-27]
FINDINGS:
Special Board Adjustment No. 1048, upon the whole record and all of the evidence,
finds and holds that the Employee(s) and Carrier(s) are employee and carrier within the
meaning of the Railway Labor Act, as amended, and that the Board has jurisdiction over the
dispute(s) herein and that the parties to the dispute(s) were given due notice of the
hearing thereon and did participate therein.
AWARD
After thoroughly reviewing and considering the transcript and the parties
presentations, the Board finds that the claim should be disposed of as follows:
At Claimant's investigation adequate evidence was developed to establish his guilt
on the charges placed against him. Moreover, Claimant was involved Wanother matter
involving fraud in preparation of payrolls, for which he was dismissed. That dismissal
has been upheld in our Award N 47. In the circumstances present, the discipline
assessed in this matter wil is urbed.
1/
Joh C. Fletch , Chairman & Neutral Member
R. A. Lau, Organization Member E. N. Jacobs, ter Member
Issued at Mt. Prospect, Illinois, February 10, 94
This award is based on the facts and circumstances of this particular case and shall not serve as a
precedent in
an other case