Parties to Dispute:



              Norfolk Southern Railway Company


Statement of Claim:

      Claim on behalf of R. D. Ziliak requesting that he be reinstated with seniority unimpaired and back pay for all time lost as the result of his dismissal in connection with theft of company property and violation of General Rule L.

            [File Number MW-SOMS-91-08-BB-153]


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 sho ld be disposed of as follows:

                                  (Z /Z


                    James E. Mason


lllG va ~'
 ichard A. Lau/ L. F. Mille r.
 Organization Member Carrier M er

      Issued at Palm Coast, Florida on December 17, 1991