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
c.
NORFOLK AND WESTERN RAILWAY COMPANY
Award No. 53
Hearing Date - December 12, 1994
Statement of Claim
:
Claim on behalf of L. L. Johnson requesting reinstatement and pay for time
lost as a result of his dismissal for failure to follow instructions, failure to
properly and safely dismount from a Spiker machine, and failure to protect
his assignment.
FINDINGS:
Special Board Adjustment No. 1048, upon the whole record and all of the evidence,
finds and holds that the Employees) 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:
Ample evidence was developed to support a conclusion that Claimant was guilty of
the charges on which discipline was issued. The discipline will not be disturbed.
An award favorable to Claiman)kwill not bgy made. He claim is denied.
(John C. letc , Chairman & Neutral Member
V. A. Lau, Organization Member E. N. Jacob , 'arrier Membe
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 an other case