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
c.
NORFOLK SOUTHERN RAILWAY COMPANY
Award No. 54
Hearing Date - December 12, 1994
Statement of Claim
:
Claim on behalf of E. T. Stewart requesting reinstatement and pay for time
lost as a result of his dismissal which followed the formal investigation on
December 1, 1993 in conncetion with his conduct unbecoming an employee
in his unauthorized use of Company equipment for personal gain on
October 1, 1993.
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:
Ample evidence was developed to support a conclusion that Claimant was guilty of
the charges on which discipline was issued. The discipline will not be disturbed.
An award favorable to CI ' not mad . He claim is denied.
John C. Fletcher, irman & Neutral Member
led"I'ld. law
Z~ A 6~6 e-Z6'
. A. Lau, Organization Member E. N. Jaco Carrier Me b
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