SPECIAL BOARD OF ADJUSTMENT NO. 1049

Award No. 86

Parties to Dispute:

Statement of Claim:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

AND

Norfolk Southern Railway Company

Claim on behalf of D. L. Colston requesting reinstatement and pay for time lost as the result of an August 7, 1996 investigation in connection with falsification of an on-duty injury report, violation of Rule 1000 and failing to follow instructions.

[Carrier File: MW-GNVL-96-06-LM-106]

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' presentations, the Bo,3r~ finds that the claim sl~Iould be disposed~f~as follow

D D~Bartholomay ~.,
Orga~zationMember

Gerald E. Wallin

Issued at Norfolk, VA on February 26, 1998

E. N. J c s, Jr.
Carrie ember