SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award NO. 45

 Parties to Dispute:

 Statement of Claim:

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY, COMPANY

 Claim on behalf of R. V. Rast requesting that he be reinstated with his seniority and paid for all time lost because of his dismissal from service as a result of investigation held on June 1, 1992, in connection with his falsifying a report of an occupational illness on May 14, 1992.

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 Wag 9_i ll -3of the

Charges in the notice. The discipline of dicmiccal will __r
e disturbed. '

 Claim denied.

                    C. F tcher


Ly", ~ // ~1 - Z" (,
Richard A. Lau
 Organization Member

 E. N. Jaco , Jr. Carrier M er

 Issued at Norfolk, Virginia on August 30, 1993