e, SPECIAL BOARD OF ADJUSTMENT NO. 1049

Award No. 11

Parties to Dispute:

Statement of Claim:'

Brotherhood of Maintenance of Way Employes

and

Norfolk Southern Railway Company

S. E. Whitmi're-Request for reinstatement and pay account dismissed for violation of safety and operating rules [file number MW-GNVL-90-7].

Upon the Whole record and alai 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 follows: '

James E. Mason

i

Richard A. Lau
Organization Member

L. F. Miller, Jr Carrier Member

Issued at Norfolk, Virginia, May 29, 1991