SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award No. 58
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of D. E. Blakely requesting reinstatement and pay
for time lost as a result of his dismissal following the formal
investigation of May 27, 1994, in connection with his falsifying an
alleged on-duty injury of March 16, 1994.
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: -
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John C. er
Richard A. Lau E. N. J bs, Jr.
Organization Member Carrier ember
Issued at Ft. Lauderdale, FL on December 12, 1994