SPECIAL BOARD OF ADJUSTMENT NO. 1049

Award No. 69

Parties to Dispute:

Statement of Claim:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

AND

Norfolk Southern Railway Company

Claim on behalf of N. J. Brock appealing his disqualification as a rank B-1-BBF, B&B Foreman, and requesting pay for the difference in pay between the foreman rank and his present rank, which 'resulted in connection with damage to newly installed bridge ties at MP 169.3 on June 27, 1995, when employees under his supervision drug jointed rail across the newly timbered bridge deck.

(Carrier File: MW-GNVL-95-09-BB-112]

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: Th1£ D(5erpu)Ja f-S r?.DUCer> is A LEIZ
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Richard A. Lau
Organization Member

~F tch

E. N. Jabs, Jr. Carrier Member

Issued at Norfolk, VA on October 1~ 1996