SPECIAL BOARD OF ADJUSTMENT NO. 1049

PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

) DIVISION – IBT RAIL CONFERENCE

TO )

)

DISPUTE ) NORFOLK SOUTHERN RAILWAY COMPANY

) (FORMER SOUTHERN RAILWAY COMPANY) STATEMENT OF CLAIM:

Claim on behalf of the System Committee of the Brotherhood that:

The Carrier’s discipline [thirty-three (33) day actual suspension] of Mr. B. Foulks, issued by letter dated January 11, 2019, in connection with his alleged failure to follow instructions and failure to protect his assignment on the TM-54 Gang in that, he failed to report for his assignment at the designated start time without properly notifying or receiving authorization from the proper authority on December 7, 9, 10 and 11, 2018 was arbitrary, capricious, unjust, unwarranted, unreasonable, harsh and excessive (System File Foulks-B-12-18-INV/MW-GNVL-18-33-LM-748 SOU).
As a consequence of the violation referred to in Part 1 above, Claimant B. Foulks shall have his discipline set aside with all notations thereof removed from all Carrier records and he shall also be restored to the Carrier’s service with all seniority rights and restored from all financial and benefit losses, such as vacation and health insurance benefits occasioned as a result of the violation, including: (1) straight time for each regular work day lost and holiday pay for each holiday lost, to be paid at the rate of the position assigned to Claimant at the time of removal from service (this amount is not reduced by earnings from alternate employment obtained by Claimant while wrongfully removed from service); (2) any general lump-sum payment or retroactive general wage increase provided in any applicable agreement that became effective while the Claimant was out of service; (3) overtime pay for lost overtime opportunities based on overtime for any position Claimant could have held during the time Claimant was removed from service, or on overtime paid to any junior employe for work Claimant could have bid on and performed had Claimant not been removed from service; and (4) health, dental and vision care insurance premiums, deductibles and co-pays that he would not have paid had he been unjustly removed from service.”

FINDINGS:

The Board, upon consideration of the entire record and all of the evidence, finds that the parties are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement, that this Board has jurisdiction over the dispute involved herein, and that the parties were given due notice of the hearing held.

The Board is advised that, subsequent to the docketing and briefing of this case, the parties reached an agreement to settle the above-referenced matter. The claim is therefore dismissed.

AWARD: Claim dismissed.

_____________________

Adam Gilmour Scott Goodspeed

Employee Member Carrier Member Dated: November 13, 2023