SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of 5 days suspension assessed'. Bump, in connection with being charged with restoring track to service when it was not in a safe condition causing train to derail, also, violation of Rule 213.6(a) from the track maintenance manual.


    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.


                C. A. Peacock, Neutral Member


                      i


F. . Domzalski Carrier Member Je Dodd, Organization Member

 Is ed this day of fir` , 1988.