SPECIAL BOARD OF ADJUSTMENT NO. 1048
Award NO. 62
Parties to Dispute:
Statement of Claim:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
Norfolk and Western Railway
Claim on behalf of D. A. Flynn requesting that he be reinstated to
service with his seniority and paid for all time lost as a result of his
dismissal from service following investigation held on May 31, 1995, for
violations of Rules GR-5, GR-6, L, and Rule 1 of Form HV-1, all
pertaining to his conduct unbecoming an employee in that, on May 12,
1995, while on duty and under pay by the Carrier, he used his assigned
Company vehicle and Company material and supplies without
authorization to perform work on equipment not belonging to the Carrier.
[Carrier File: MW-CHAR-95-04]
Upon the whole record and all the evidence, after hearing, the Board finds that the
parties herein are carrier and employee within the meaning of the Railway Labor Act,
as amended, and this board is duly constituted by agreement under Public Law 89456 and has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall
not serve as a precedent in any other case.
AWARD
After thoroughly reviewing and considering the transcript and the parties'
pr se tatms,
the Bo rd finds that the aim sh uld be disposed of as follows:
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E~i?,U CtJI TH
ou
Richard A..Lau
Organization Member
;r `-~ ~.-.
CLcd-t
EN. ,tp obs, Jr.
Carrier Member
Issued at Norfolk, VA on October 1~', 1996