SPECIAL BOARD OF ADJUSTMENT NO. 1049
AWARD NO. 123
OFFICE OF VICE PRES.
SO UTH EATM
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claire an behalf of D. L. Rainey requesting exoneration of all charges, reinstatement to
Carrier's service, with pay far all time lost, and with seniority, vacation and all other
rights unimpaired, as a result of his dismissal from service following forma) investigation
held on December 7, 2000, far his responsibility in connection with his refusal to drive
the Gang Truck at English, Indiana, an November 20, 2000.
(Carrier File MW-SONIR-00-10-L1w1-484
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:
Carrier proved by substantial evidence that Claimant failed to comply with instructions when he refused
to drive the truck. However, considering all of the relevant facts and circumstances, including the
potential far confusion that existed and Claimant's length of service which dates from August 20, 1974,
we find that Claimant should be reinstated to service with seniority unimpaired, but without
compensation far time out of service. ~ .
M. H. Malin
Chairman and Neutral Member
'?,
a-,~- -
R. A. Lau
Organization Member
D. L. Kerby'z
Carrier Member
Issued at Chicago, Illinois on September 10, 2001