SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of 5 day suspension assessed fA. Jones in connection with being charged with violation of Safety Rules 3409, 3417 and 3355.


    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:

    After a review of the entire record, it appears claimant exerted proper judgement in light of circumstances and previous handling by others, thus we do not feel discipline was warranted and he shall be exonerated in accordance with Section 4 of Rule 27.


                C. A. ' Peacock, Neutral Member


                                      w

      omzalsk'., Carrier Member Jed d, Organization Member


ISStled this PiX day of ~, 1989. -