Parties to Dispute:





Statement of Claim:

      Claim on behalf of C. M. Lowe and C. L. Rion requesting that they be reinstated to service and paid for time lost, as a result of their dismissals from service following formal investigation held on April 17, 1995, in connection with their improper performance of duties as machine operator and foreman, respectively, for violation of Norfolk Southern Operating Rule 809 and Norfolk Southern Safety and General Conduct Rules B and GR-3.

              [Carrier File: MW-ROAN-95-16-LM-0381


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 89-456 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' presentations, the Board finds hat the claim should be disposed of as follows:

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 Richard A. Lau -- E. N. J t>.,
 Jr.
 Organization Member Carrier Member

              Issued at Norfolk, VA on October I,1996