SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award NO. 42
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of J. L. Spearman requesting reinstatement with
rights unimpaired and pay for time lost on account of his
dismissal in connection with failing to properly report an
injury and falsification of an alleged on-duty injury.
[Carrier File Number MW-GNVL-91-20-BB-460)
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:
The investigation established that Claimant a short _ _
gui ty o serious violations of Carrier Rules N and 1(10(1_ nicp;plina was
warranted. Tnj_r;
ac miler
ha o ,ge .fed fe ensure adeyate treatment
and guard againnr _nwarra*,r~d l;ah;i;r3~Nonetheless, the Beard feels that
Claimant should
ha
affordad annrhar npnnrr_*.i r., r,. s... .,
r9.tuet;.Fe ..__~
___ee.
Arcorf~i~-The
shall be-3
i-bme lost.
Claim sustained, as modified herein
John C. Flet r
Richard A. Lau E. N. Jacob , Jr.
Organization Member Carrier Me r
Issued at Norfolk, Virginia on August 30, 1993