System Docket No. CR-3738-D


              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 K. D. Shivers in connection with being charged with violation of safety rules 3355 and 3358(c).


    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:

    Considering all factors involved, we conclude that a 5 day suspension would be more commensurate with the offense.


                C. A. Peacock, Neutk-al Member


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·F.-~ sk·~Carrier Member .Led Dodd, Grer~.::i.zat:ion iiemher
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 Issued this ~) day of t f ~. 1989.