SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of 5 day suspension assessed E. A. Porter in connection with being charged with violation of Safety Rule 3030 and being an unsafe employee.


    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


F. J omzals *, Carrier Member Jed Do , Organization Member

 Is ed this ~` day of , 1988.