SPECIAL BOARD OP' ADJUSTMENT NO: 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          45.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of 5 day suspension assessed E. J. Nezda in connection with being charged with violation of Safety Rules 3431 and 3433.


    Upon the whole record and all the evidence., after hearing, the Board finds that the parties herein are carrier ant, 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 fellows:

    We agree with Carrier's determination, however, under all of the circumstances, we conclude that a letter of Reprimand is more commensurate with the offense committed by the claimant.


                C. A. a cock a;. Member


r. ~J. Doi zal 1=i; Carrier h?cr;be:r : ed IDad.<?, Organization ?·:c:mber

 Issued this ~___ day of y_,p ., J.989.