C:\AWARDS\HTM\SBA1049-72.htm

SPECIAL BOARD OF ADJUSTMENT NO. 1049 Award No. 72

Parties to Dispute:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

AND

Norfolk Southern Railway Company Statement of Claim:

Claim on behalf of H. Taylor, Jr. requesting reinstatement and pay for time lost as the result of a February 13, 1996 investigation in connection with conduct unbecoming an employee concerning fraudulent use of Norfolk Southern letterhead, on which he typed a statement and submitted it to his home insurance company over the forged signature of Norfolk Southern B&B Supervisor M. L. Loy, III, in attempt to improperly and dishonestly attain personal monetary gain from his home insurance company for a NS-owned radio allegedly stolen from his residence.

[Carrier File: MW-SHAM-95-16-BB-282]

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 89456 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'
p esentations, t e Board finds that the claim should be disposed of as follo S,
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Richard A. Lau E. N. J bs, Jr.
Organization Member Carrier Member

Issued at Norfolk, VA on October 1996