SPECIAL BOARD OF ADJUSTMENT NO. 1049

Award No. 88

Parties to Dispute:

Statement of Claim:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

AND

Norfolk Southern Railway Company

Claim on behalf of L. W. Peterson for reinstatement to service and pay for time lost, as a result of his dismissal from service following formal investigation held on October 25, 1996, for conduct unbecoming an employee, in that he made unauthorized and fraudulent charges to a Company telephone credit card to make long distant calls.

(Carrier File: MW-BHAM-96-171

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 ns, the B finds a thye claim should be djs osed off as follows:

D. D. artholomay^~
Oration Member

vG~:~a~-~UJ~

Gerald E. Wallin


Issued at Norfolk, VA on February 26, 1998

E. N. J bs, Jr. Carrier ember