System Docket No. CR-4209-D


              SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of reprimand assessed hT. Repko in connection with being charged with violation of Safety Rule 3321(M), observed beina inside a vehicle when Amtrak train passed him on an adjacent track.


    Upon the whole record and all the evidence, after hearing, the Beard fiilds that the parties herein are carrier and employee within the meaning of. the Railway Labcr Act, as amended, and this Beard 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:

    We find insufficient. evidence to convincirgly prove that claimant'violated the safety rule and, therefore, the reprimand will be expunged from his record.


                C.C. A~k,.Neutral member


2'. J:;'fom~3lsh:i·! Carrier P?ember Jec1.,Dodd, Crganiz,~t.ic,iittember

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