SPECIAL BOARD OF ADJUSTMENT NO. 1049

Award No. 16

Parties to Dispute:

Statement of Claim:

Brotherhood of Maintenance of Way Employes

and

Norfolk Southern Railway Company

L. E. Steiner - Claim for reinstatement and back pay resulting from dismissal for failure to report personal injury and giving false statement in connection therewith (MW-BHAM-90-8-LM-1021.

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 d' posed ^of as follows~-

'hom s J. DiLauro

Richard A. Lau
Organization Member

Carrier Member-

Issued at Norfolk, Virginia, September 4, 1991