SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          v5.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of disqualification as Track Foreman assessed M. DiAngelo in connection with being charged with failure to make proper repairs.


    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:

                            .I


    We find the Carrier' .s action was proper; the evidence ' shows

    he was remiss in the execution of his duties. However we

    feel permanent disqualification is inappropriate, therefore

    it shall be removed after one year has elapsed with no

    compensation to be made to the claimant.


                          G

                C. A. Peacock, Neutral Member


                        i


F. J omza ski, rrier Member Jed odd, Oraanization Member

 Issued this 13 day of
              19


                                989.