NATIONAL MEDIATION BOARD

Special Board of Adjustment No. 1048


JOHN C. -=CHER, CHAIRMAN & NEUTRAL MEMBER

R. A. LAU, ORGANIZATION MEMBER

E N. JACOBS, JR., CARRIER MEMBER


NORFOLK AND WESTERN RAILWAY COMPANY

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and


Hearing Date - December 12, 1994

 Award No. 54

 Claim on behalf of S. E. Hinkley requesting reinstatement and pay for time lost as a result of his dismissal for falsifying and alleged on-duty injury of April 21, 1993.

 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 ith this Award within forty-five days of the date

indicated below. E


John C Fletche U Chairman & Neutral Member

Lz~. zae,


R. . Lau, Organization Member

 E. N. Jacobs, arrier Membe

 Issued at Fort Lauderdale, Florida, December 12, 1994

 This award is based on the facts and circumstances of this particular case and shat