Parties to Dispute:



                  NORFOLK SOUTHERN RAThWAY COMPANY


Statement of Claim:

      Claim on behalf of J. B. Talley requesting that he be reinstated with his seniority and paid for all time lost as a result~of his dismissal following investigation held on May 4, 1992, in connection with his conduct unbecoming an employee in that he accepted money for doing business with an outside firm. [Carrier File: MW-ATLA-92-3-LM-0897


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:
        Claimant accepted a $100.00 kick back for placing an order to re-


place hydraulic hoses on brush hog machines an was dismissed o owing an-
 investigation. The discipline should have serve its purpose. aim an
 cha11 ba ratnrnpd to service, but without pay for time lost. -

 Claim sustaine as mo i ie e

                        John C. FI-e her


                                              mr-


Ric and A. Lau E. N. Jac. , Jr.
 Organization Member Carrier er

            Issued at Norfolk, Virginia on August 30, 1993 _