SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          vs.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of 1 day suspension assessed A. Whear, Jr., in connection with being charged with violating Safety Rule 3291, which resulted in 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:

    Sustained. The record fails to prove that he was culpable or

    negligent in the performance of his assigned duties.


                C. A. Peacock, Neutral Member


                    r


F. . Domzalsk', Carrier Member Je Dodd, Organization Member

 Issued this day of / 988.