SPECIAL BOARD OF ADJUSTMENT N0. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of Reprimand assessed E. McCurdy in connection with being charged with violating Safety Rules 3355 and 3361(a) which resulted in his incurring a personal 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:

    We find insufficient evidence to convincingly prove that claimant violated the safety rules and, therefore, the reprimand will be expunged from his record.


                C. A.APeacock, Neutral Member


F. ~. Domzal ', Carrier Member Jed odd-, Organization Member

Is ued this 24--day of 88.