IVAIIUNAL 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
NORFOLK SOUTHERN RAILWAY COMPANY
Award No. 55
Hearing Date - December 12, 1994
Statement of Ciairtt:
Claim on behalf of A. Ivey and l.. Baker appealing their 90-day
disciplinary suspensions which followed the formal Investigation of
Decemberr 1, 1993, In connection with their conduct unbecoming an
employee in their Improper use of Company equipment on October 31,
1993.
FINDINGS:
Special Board Adjustment No. 1049, upon the whole record and all of the evidence,
finds and holds that the Employees) and Carriers) are employee and carrier within the
meaning of the Railway Labor Act, as amended, and that the Board has jurisdiction over the
disputes) 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 Claimants were guilty
of the charges on which discipline was Issued. The discipline will not be disturbed.
An award favorable to C
t,
is wIll not a matte. Their claims are denied.
John C. tc r, Chairman & Neutral Member
R. A. Lau, Organization Member E. N. Jacoh _arrler 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