NATIONAL MEDIATION BOARD

Special Board of Adjustment No. 1049

JOHN C. FLETCHER, CHAIRMAN & NEUTRAL MEMBER

R. A. LAU. ORGANIZATION MEMBER

I_ N. JACOBS, JR., CARRIER MEMBER

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

and

NORFOLK SOUTHERN RAILWAY COMPANY

Award No. SO

Hearing Date - January 27, 1994

Date of Decision - February 10, 1994

Statement of Claim :

Claim on behalf of P. J. Irby requesting that he be reinstated to service and

paid for time lost, as a result of his dismissal form service following

formal investigation held on February 24, 1993, in connection with his

leaving his job without proper authority, while the contractor continued to

work. (Carrier File: MW-GNLV-93-31

FINDINGS:

Special Board Adjustment No. 1049, upon the whole record and all of the evidence, finds and holds that the Employee(s) and Carrier(s) are employee and carrier within the meaning of the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute(s) herein and that the parties to the dispute(s) were given due notice of the hearing thereon and did participate therein.

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 evidence in the record leaves no doubt that Claimant left his flagging job on February 11, 1993, while the contractor was still working. His sole work function on February 11, 1993, was to provide nagging protection for the contractor working on the bridge. Ile intentionally ignored this responsibility. There simply is no excuse for his conduct. The violation was serious. '1 'he discipline assessed will not be disturbed.

Z44

John C. r, Chairman & Neutral Member

R. A. Lau, Organization Member E. N. Jacobs, 'er Member

Issued at Mt. Prospect, Illinois, February 10, 994

This award is based on the facts and circumstances of this particular case and shall not serve as a

recedent in an other case