SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award No. 63
Parties to Dispute:

 Statement of Claim:

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

 AND

 Norfolk Southern Railway Company

 Claim on behalf of B. R. Smith requesting that he be reinstated to service with his seniority and paid for all time lost as a result of his dismissal from service following investigation held on October 31, 1994, for excessive absenteeism.

 [Carrier File: MW-BHAM-94-131

 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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Richard A. Lau
 Organization Member

 ohn~. Fletcher

 Issued at Norfolk, VA on October 1 1 1996

 E. N. Jabs, JrCarrier Member.