SPECIAL BOARD OF ADJUSTMENT NO. 1048
Award NO. 92
Parties
to Dispute:
Statement of Claim:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
Norfolk Southern Railway
Claim on behalf of L. D. Pickett for reinstatement with seniority, vacation and all
other rights unimpaired and pay for all time lost as a result of his dismissal from
service following a formal investigation on December 11, 1998, for failing to report
an alleged on-duty injury on May 31, 1998, and giving false and conflicting
information in connection with such alleged on-duty injury.
(Carrier File MW-ROAN-98-108-LM-410)
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 claim should be disposed of as follows:
The Carrier met its burden in proving the charge against the Claimant. However, in light of
the Claimant's lengthy service record, which shows he was a good employee, the discharge penalty
he was assessed in this instance will be reduced to a suspension without pay for time lost, but with
the restoration of his benefits and unimpaired seniority rights. To the extent of the findings, the
Claim is partially sustained.
R. A. Lau
Organization Member
C. P. Fischbach
Chairman and Neutral Member
Issued at Chicago, IL on May 13, 1999
D. L. Kerby
Carrier Member