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. 57
Heating Date - December 12, 1994
Statement of Claim
Claim on behalf of A. E. Jenkins for reinstatement and pay for all time lost
as a result of his dismissal in connection with an April 21, 1994
investigation concerning conduct unbecoming an employee in providing
false and conflicting statements.
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 Cla' ant will n t be made. lie claim is denied.
John Flet e r, Chairman & Neutral Member
CGC .
R. A. Lau, Organization Member E. N. JR. crier Memlfer f/
Issued at Fort Lauderdale, Florida, December , 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