SPECIAL BOARD OF ADJUSTMENT NO. 1048
Award N0.80
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
Norfolk and Western Railway
Statement of Claim:
Claim on behalf of V. A. Thomas requesting reinstatement with all rights
and privileges and paid for time lost, as a result of his dismissal from
service following formal investigation held on May 20, 1997, for
conduct unbecoming an employee for giving false and conflicting
information concerning the nature of an alleged on-duty injury reported
to have occurred at Milepost V-276.4 near Ellett, Virginia,
March 26, 1997 in that his physical activities were inconsistent with and
misrepresented his alleged condition.
(Carrier File MW-ROAN-97-45-LM-196)
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 oard finds that the claim should be disp sed of as follows:
Gerald E. Wallin
i_
D. Bartholoma ` E. N. J ' bSs, Jr.
Orga ~zation Member Carrie ember
Issued at Norfolk, VA on February 26, 1998_