SPECIAL BOARD OF ADJUSTMt)NT NO. 976


BROTHERHOOD OP MAINTENANCE Or WAY EMPLOYES

 VS.

 CONSOLIDATED RAIL CORPORATION

 STATEMENT OP CLAIM:

        30 Day suspension assessed J. J. Boley in connection with being charged with failure to comply with Rules I and 104 of the Rules of the Transportation Department.


    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 partins and subject matter.


        AWARD: Clearly appellant failed to comply with Conrail's Operating Rules in that he did not immediately notify movement personnel of the track defect. However, this Board notes the problems appellant encountered on the day and feels the discipline was excessive. weighing all of the facts, we will reduce the amount of discipline to a 10 day suspension.


                a _

                C. A. eacock, Neutral. Membrr


L·'. . Domzal , Carrier Member Dodd, Orrfanization t·1em!~·r

 Issued this dW33-*'4 day of _._~__..,..__