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



NORFOLK SOUTHERN RAILWAY COMPANY





Statement of Claim:



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.


This dispute arises because Mr. Chrisman and Mr. West inadvertently had their names omitted from the applicable seniority roster. When the 1996 roster was prepared the omitted names were corrected to reflect proper seniority dates.


The Board has been furnished with no information to indicate that 1996 roster dates of Chrisman and West are not their correct dates. We also have not been furnished with an acceptable basis to conclude that the insertion of the

· SBA - 1049




      omitted names in their correct position on the 1996 roster was somehow or other in error.


          Accordingly, the claim will be denied.


                          AWARD

          Claim denied.


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            John C. letcher, hairman & Neutral Member


E. N. Jaco s Jr:, Carrier mber Richard A. Lau, Employee Member

          Dated at Mt. Prospect, Illinois., December 27, 1997


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