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. 56
Hearing Date - December 12, 1994
Statement of Claim
:
Claim on behalf of T. A. Dalton requesting reinstatement and pay for time
lost as a result of his dismissal in connection with an April 20, 1994
investigation concerning an unsafe act by using a claw bar to drive a spike
and not properly spiking a switch, in accordance with written instructions,
while spiking out the east end of tracks 30 and 36 at Portlock Yard on
February 23, 1994.
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 c ply with this Award within forty-five days of the date
indicated below.
Jo C. Fl cher, Chairman & Neutral Member
~:
n .
. A. Lau, Organization Member E. N. Jacobs, ier Member
Issued at Fort Lauderdale, Florida, December 1 , 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