SPECIAL BOARD OF ADJUSTMENT NO. 1049

Award No. 24

Parties to Dispute:

Brotherhood of Maintenance of Way Employes

and

Norfolk Southern Railway Company

Statement of Claim;

Claim on behalf of Daniel Sterling resulting from his

March 1, 1991 dismissal for failure to comply with

instructions of Carrier's Medical Department and Company

Policy requesting that the discipline assessed be reduced.

[File Number MW-BHAM-91-21

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~f llows: i

James E. Mason

Richard A. Lau L. F. Mille
organization Member Carrier Member

Issued at Palm Coast, Florida on December 17, 1991