SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of discipline (time held from service) assessed C. Woodbridge in connection with being charged with fictitiously reporting an injury. '


    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:

    Sustained. Aside from the conflicting testimony, we find the

    record devoid of any credible evidence to prove the claimant

    was guilty of the offense with which he was charged,

    therefore, claimant is to be exonerated in accordance with

    Rule 27, Section 4 of the Agreement.


                C. A. Peacock, Neutral Member


    -


F. . Domza s , Carrier Member ied d,' rganlz`atlo'n"Mem e'r

 Issued this day of ~.~ , 1 8.