SPECIAL BOARD OF ADJUSTMENT NO. ,1049.
Award No. 10

 Parties to,Dispute:

 Statement of Claim:

 Brotherhood of Maintenance of Way Employes

 and

 Norfolk Southern Railway Company

 C. J.,'Benton-Request for reinstatement and pay 'account dismissed for violation of Rules M and 1000 and-persistent unsafe work practices [file number MW-GNVL-90-10].

 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

 Clai disposed of as f llows: '

 A 3T I

 Richard A. Lau
 Organization Member

 James E. Mason


'I,ssue3:a.t Norfolk, Virginia, May 29, 1991