SPECIAL BOARD OF ADJUSTMENT NO. 976


        BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                        VS.


            CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Claim of G. L. Saggese for the difference in pay for the period of disqualification (May 23 to June 20, 1989), as a result of being charged with failure to perform duties as Foreman Patrol.


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:

    The record shows the Carrier removed claimant's disqualification on appeal but without compensation. Based on the record, it is our view that claimant exerted proper judgment under the circumstances, thus we do not feel discipline was warranted and he shall be compensated pursuant to Section 4 of Rule 27.


            C. A. Peacock, Neutral Member


F. F/. Domzalski 4 Jedd Dodd
 car ler Me O ganization member
 Issued this c?6 day of J ~U~r , 1990.