Award No. 161 Case No. 164 System Docket No. CR-4072-D

SPECIAL BOARD OF ADJUSTMENT NO. 976

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

VS. CONSOLIDATED RAIL CORPORATION STATEMENT OF CLAIM:

Appeal of 20 days suspension assessed M. G. Rodriguez, in connection with being charged with violation of Safety Rule 3005, which resulted in a collision with the ballast regulator BR-1311 which he was operating with train PIIN-2 on adjacent track.

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.

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C. A. Peacock, Neutral Mem~r 4Pv nl F. . Domzalsk', arri.er Member Issued this day of Jed dd, Organization Member -, 88.