SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award NO. 106
Parties
to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
Norfolk Southern Railway
Statement of Claim:
Claim on behalf of W. J. Smith 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 2, 1998, for failure to properly
report an alleged injury on November 10, 1998, and making conflicting and false
statements surrounding this alleged injury.
(Carrier File MW-GNVL-98-28-LM-526)
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 involving his failure
to report a personal injury he allegedly incurred and for falsifying the nature of that alleged injury.
Claim denied.
C. P. Fischbach
Chairman and Neutral Member
R. A. Lau
Organization Member
D. L. Kerby
Carrier Member
Issued at Chicago, IL, on May 13, 1999