SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award No. 85
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
Norfolk Southern Railway Company
Statement of Claim:
Claim on behalf of C. W. Simmons requesting reinstatement with all
rights and privileges and paid for time lost, as a result of his dismissal
from service following formal investigation held on November 13, 1996,
for his responsibility in connection with an incident that occurred on
August 14, 1996, at St. Charles, VA, while he was serving as a
machine operator on T&S-8 and his conduct unbecoming an employee -
namely falsifying an accident and injury alleged to have occurred on
August 14, 1996.
[Carrier File MW-SELM-96-08-SG-213]
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 89456 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'
pre enut'ations, he Bo r ~ndc, th t th
v
laim should be dis osecj_of s lows:
4-42
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~22c~ ~ ~to ~~i~r
~/ Gerald E. Wallin
D. D. artholomay E. N. J
061
s, J r.
Issued at Norfolk, VA on February 26, 1998