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. 81
Case No. 81
Date of ffearing - August 1, 1997
Date of Award
-December 27, 1997
Statement
of Claim:
1. The dismissal of Laborer J. G. Morgan, Jr., for his alleged conduct
unbecoming an employee when he engaged in a verbal confrontation with a
track supervisor on July 12, 1996, was without just and sufficient 'cause,
capricious, harsh and based on an unproved charge (System File
JGM01096/MW-ATLA-96-09).
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 de '
W A R
Claim denied.
John . Fletcher, Ch irman & Neutral Member
v
_______ ------------
E. N. Jacobs .,Carrier Mery r Richard A. Lau, Employee Member
Dt Mt. Pros ct, III ois.,
ated a Mt. Prospect, Illinois., December 27, 1997