Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute The Baltimore and Ohio Railroad Company
 Statement Claim of Trackman Rick Harris, Indianapolis Division, for time
 of beginning March 27, -19Y8 and' continuing' account of Track
 Claim Supervisor G. L. Osborne taking Mr. Harris out of service due
 to his refusal to wear a hard hat while on duty.

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 89-436 and has jurisdiction of the parties and subject matter.


It has been agreed that this Award is without prejudice to the position of either party-


                        AWARD


Claim disposed of as follows: OO er c ~~

                    Har d . Weston

                    Neutral and only Member


Issued at Baltimore, Maryland, N C``1C`(-L1 k 1 7 , 1983.