SPECIAL BOARD OF ADJUSTMENT NO. 1049 Award No. 73 Parties to Dispute:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

AND

Norfolk Southern Railway Company Statement of Claim:

Claim on behalf of C. B. Leonard requesting reinstatement and pay for time lost as the

result of a November 30, 1995 investigation in connection with failing to follow _

instructions, failing to protect his assignment and manipulating an illegal roll.

[Carrier File: MW-HSNC-95-O8-SG=215

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 serveas 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:
G't-.4~mAT dr,a Alai F70LLO w z~Js7~c7/ones o/e. P)oT~T
!-HIS ASS ~C~! i!'l>~'NT t-><is L' ~i~i nil is ~w~c_a -

J hn Fletcher

CLG ,

Richard A. Lau E. N. J4 As, J r.
Organization Member Carrier Member

Issued at Norfolk, VA on October / , 1996