' SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of 10 day suspension assessed J. W. Gerard in connection with being charged with violating Safety Rules 3030 and 3409.


    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:

    The record fails to support Carrier's conclusion, therefore he shall be exonerated in accordance with Section 4 of Rule 27.


                C. A. Peacock, Neutral Member


r'Domzalsl Carrier Member jed Dodgy`, Organization Member

 sued this day of ~G'~` , 1988(Vf.