SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award No. 34
Parties to Dispute:
Brotherhood of Maintenance of Way Employes
and
Norfolk Southern Railway Company
E
Statement of Claim:
Claim on behalf of E. Shakespeare requesting that he be
reinstated with vacation and seniority unimpaired and paid
for all time lost as a result of his dismissal for conduct
unbecoming an employee in connection with his guilty plea
to the felony charge of Voluntary Manslaughter.
[Carrier file MW-ATLA-91-9-LM-316]
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 follows:
~/J///j~ii.
Thomas J. Lauro
Richard A. Lau . F. Mi11e r.
Organization Member Carrier MereKer
Issued at Philadelphia, Pennsylvania on August 3, 1992