SPECIAL BOARD OF ADJUSTMENT NO. 1049 Award No. 67 Parties to Dispute:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

AND

Norfolk Southern Railway Company Statement of Claim:

Claim on behalf of H. Brown requesting reinstatement and pay for time lost as a result of his dismissal following the formal investigation of May 19, 1995, in connection with his failure to properly report an alleged on-duty injury and falsification of said alleged on-duty injury of March 13, 1995.

[Carrier File MW-ATLA-95-02-LM-651

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' pres ntations the Board finds that the claim should be disposed of as follows:

46JAR.6 FA0d"BGE Ta @GA/mA,6:T O)ll.G itl0

/R F, e

John . Fletcher

~.
Richard A. Lau E. N. Ja bs, Jr.
Organization Member (Carrier Member

Issued at Norfolk, VA on October, 1996