SPECIAL BOARD OF ADJUSTMENT NO. 1048

Award N0.79

Parties to Dispute:

Statement of Claim:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

AND

Norfolk and Western Railway

Claim on behalf of E. Walker requesting that he be reinstated and paid for time lost as a result of his dismissal from service following formal investigation held on November 5, 1996, in connection with his falsification of an alleged on duty injury and failure to properly and timely report said alleged injury.

[Carrier File: MW-ROAN-96-291

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 that the c i irr~ s ould be disposed of as follows.

D. D. artholomay Organ ation Member .

a6awaffi,tU Gerald E. Wallin

Issued at Norfolk, VA on February 26, 1998

E. N. J c s, Jr. Carrie tember