' NATIONAL MEDIATION BOARD
Special Board of Adjustment No. 1049
JOHN C. FLETCHER, CHAIRMAN & NEUTRAL MEMBER
R. A. LAU, ORGANIZATION MEMBER
E. N. JACOBS, JR., CARRIER MEMBER
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYEES
and
f
NORFOLK SOUTHERN RAILWAY COMPANY
Award No. S 1
Hearing Date - December 12, 1994
Statement of Claim
:
Claim on behalf of R. W. Allen requesting that he be reinstated with his
seniority and paid for all time lost as a result of his dismissal following
investigation held on September 10, 1993, for conduct unbecoming an
employee in conncection with unauthorized purchase and use of materials,
improper purchase of a hand gun, and permitting improper conduct by
subordinates which was detrimental to the Company's instersts
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:
Claimant shall be restored to service with seniority and other benefits in place,
but without compensation for time lost.
Carrier is directed to comply with this Award within forty-five days of the date
indicated below.
John . er, Chairman & Neutral Member
n_
R. A. Lau, Organization Member E. N. Jacobs, 'er Member
Issued at Fort Lauderdale, Florida, December 12, 1994
This award is based on the facts and circumstances of this particular case and shall not serve as a
recedent in an other case