SPECIAL BOARD OF ADJUSTMENT NO. 1048
Award NO. 71
Parties to Dispute:
Statement of Claim:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
Norfolk and Western Railway
Claim on behalf of M. Latimer, Jr. appealing his dismissal for dereliction of duty
in connection with his violation of sleeping in the rider cab of Company vehicle
#387549, while on duty and under pay at approximately 1:10 p.m. on June 21,
1995 on the Delorme Branch at Milepost DB-0.5, which is in direct violation of
Norfolk Southern's Safety and General Conduct Rule GR-26; and, requesting that
the Claimant be exonerated of all charges placed, reinstated to the Carrier's
service with seniority, vacation and all other rights unimpaired, and paid for all
time lost.
[Carrier File: MW-BLUE-95-05-13B-130]
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'
presentations, the Board finds that the claim should. be,disposed of as follows:
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Richard A. Lau
Organization Member
ocher
Issued at Norfolk, VA on October, 1996
E. N. J
Carrier Member