SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award No. 1

 Parties to Dispute:

 Statement of Claim:

 Brotherhood of Maintenance of Way Employes

 and

 Norfolk Southern Railway Company

 W. D. Bennette-Request for reinstatement and pay account dismissed for violation of safety rules and failure to report injury.

 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

 Claim disposed of as 1 ows:

Th6 as J DiLauro. ,

 Richard A. Lau
 Organization Member

 . F. Mil er~
 Carrier Member

 Issued at Norfolk, Virginia, May 16, 1991