SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of 30 days suspension assessed J. E. Armagost, in connection with being charged with submitting duplicate expense accounts for October 1986.


    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:

    We find no deliberate intent to defraud. Unrefuted testimony shows that claimant advised his supervisor that he was confused and was unsure whether the expense account he submitted was a duplicate and asked the supervisor to check on it. Accordingly, it is the employees responsibility to submit proper expenses, however under these circumstances we find the discipline to be excessive and it shall be reduced to a reprimand.


                  M"-E:44 A. Peacock, Neutral Member


F. . Domza sk , Carrier Member Jed D d. Organization Member

Issued this day of ~.~h