SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of 5 day suspension assessedlL. Downing in connection with being charged with violation of safety Rule 3306 (A) and (D).


    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 the mitigating factors involved, we conclude that a reprimand would be more commensurate with the offense.


                C. A. Peacock, Neutral Member


. J Domzalski arrier Member Jed d, Organization Member

 Iss ed this day of ~, 19