SPECIAL BOARD OF ADJUSTMENT NO. 1049

PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

) 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 [dismissal] of Mr. A. Whalum, issued by letter dated July 22, 2022, in connection with his alleged: (1) failure to promptly and/or properly report an alleged on-duty injury from May 25, 2022, that he verbally reported and provided a written statement for on June 9, 2022 and (2) conduct unbecoming an employe in connection with the above charge in that he made false and/or misleading statements to supervision when questioned about the events that occurred was arbitrary, capricious, unjust, unwarranted, unreasonable, harsh and excessive (System File Whalum-A-07-22-INV/MW-BHAM-22-98-LM-341 SOU).
As a consequence of the violation referred to in Part 1 above, Claimant A.Whalum shall have his dismissal 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 Employee Member

Dated: November 18, 2024

Adam Lively Carrier Member