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
r
NORFOLK AND WESTERN RAILWAY COMPANY
Award No. 55
Hearing Date - December 12, 1994
Statement of Claim
Claim on behalf of J. A. Feazell requesting that he be reinstated to service
and paid for time lost as a result of his dismissal from service following
investigation held on March 25, 194, in connection with his violation of
Rule 1000, failure to timely and properly report an alleged on-duty injury,
and for falsification of the alleged 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:
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 imam will not be made. lie claim is denied.
Joh tcher, Chairman & Neutral Member
R. 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
recedent in an other case