SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of disqualification as a forman assessed A. J. Carosielli on March 10, 1988, in connection with failing to follow instructions and perform duties assigned by supervisors.


    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 evidence indicates Carrier did not exceed its discretion. However., 'while the Board finds that claimant did not properly perform his duties at that time, the period of time since the violation. cccurred is sufficient penalty under these particular circumstances. Therefore, the disqualification will be removed, but no back pay will be due the claimant.


                C'. A. Peacock, N!cutrrtl Member


f. J. Domzalskarrier Mo. JC2d( I)c<ld, f;rg_~i~r~t.io» yen:Lcr
 Issued this `?~_ day of re,~_ , 7`!189.