NATIONAL MEDIATION BOARD
SPECIAL BOARD
OF
ADJUSTMENT NO. 1049
JOHN C. FLETCHER, CHAIRMAN & NEUTRAL MEMBER
E. N. JACOBS, JR., CARRIER MEMBER
RICHARD
A. LAU, ORGANIZATION MEMBER
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYEES
and
NORFOLK SOUTHERN RAILWAY COMPANY
Award No. 80
Case No. 80
Date of
Hearing - August
1, 1997
Date of Award
-December 17,
1997
Statement of Claim
:
1. The dismissal of Laborer J. G. Morgan, Jr., for his alleged
falsification of an alleged injury on June 17, 1996, was without just and
sufficient cause, capricious, harsh and based on an unproved charge
(System File JGM01096/MW-ATLA-96-07).
2. Laborer J. G. Morgan, Jr., shall now be reinstated to service with
seniority, vacation and all other rights unimpaired and he shall be
compensated for all wage loss suffered.
FINDINGS
:
Special Board of Adjustment No. 1049, upon the whole record and all of the
evidence, finds and holds that the Employee(s) and the Carrier are employee and carrier
within the meaning of the Railway Labor Act, as amended; and, that the Board has
jurisdiction over the dispute(s) herein; and, that the parties to the dispute(s) were given
due notice of the hearing thereon and did participate therein.
After study of the record made in this dismissal the Board finds no basis to render
an award favorable to Claimant.
The claim will be denied.
Claim denied.
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John C & ral Member
E. N. Jaco Jr., Carrie M ber Richard A. Lau, Employee Member
Dated at Mt. Prospect, Illinois., December 27, 1997