SPECIAL BOARD OF ADJUSTMENT NO. 1049

Award No. 74

Parties to Dispute:

Statement of Claim:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

AND

Norfolk Southern Railway Company

Claim on behalf of E. T. Pierce, III requesting reinstatement and pay for time lost as
the result of a December 7, 1995 investigation in connection with conduct unbecoming
an employee concerning failing to report a truck accident and falsifying vehicle repair
invoices. -

[Carrier File: MW-KNOX-95-13-SG-1861

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 cl im sh uld be disposed of as follows:
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c~ti(cL- X~-EP6re.-T)k,l42 o i f7 C-::--S _ his ec.A i/n rS

John. Fletcher

Richard A. Lau
Organization Member

Issued at Norfolk, VA on October 1X 1996

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E. N. Ja s, Jr.
Carrierember