SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of sixty day suspension assessed R. M. Rossiter, in connection with being charged with assuming the position of sleep 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 89-456 and has jurisdiction of the parties. and subject matter.


AWARD: Claim disposed of as follows:

    Denied.


                ~2

                C. A. Peacock, Neutral Me~m er


                  r

. J omza sk', Carrier Member Jed d, Organization Member

 Is ed this ~d day of ,·,: / , 1 7.