NATIONAL MEDIATION BOARD
Special Board of Adjustment No. 1048
JOHN C. FLETCHER, CHAIRMAN & NEUTRAL MEMBER
R. A. LAU, ORGANIZATION MEMBER
E N. JACOBS, JR., CARRIER MEMBER
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYEES
and
F'
NORFOLK AND WESTERN RAILWAY COMPANY
' Award No. 52
Hearing Date - December 12, 1994
Statement of Claim
:
Claim on behalf of B. V. Schaefer requesting that he be reinstated to service
and paid for time lost as a result of his dismissal from service following
formal investigation held on February 22, 1994, in connection with his
failure to timely and properly report an alleged on-duty injury and his
falsification of such alleged on-duty injury.
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:
Claimant shall be restored to service with seniority and other benefits in place,
but without compensation for time lost.
Carrier is directed to comply with this Award within forty-five days of the date
indicated below.
(A
vl~_Z
John C. ' tch , Chairman & Neutral Member
a~
R. A. Lau, Organization Member E. N. Jacobs, Ca ' r Member
Issued at Fort Lauderdale, Florida, December 12, 1994
This award is based on the facts and circumstances of this particular case and shall not-serve
as
a
precedent in any other case