SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of dismissal assessed R. F. Hintz on April 28, 1989, in connection with being charged with failure to report for duty and excessive absenteeism.


    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:

    Denied.


                C. A.'Peaco~eutral Member


F. J. Domzalsk', arrier Member Je o , Organization Member

 Issued this tb day of _0C;(jkae/ _, 989.