SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          v5.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of time held from service (January 5 to July 23, 1990) assessed W. M. Newby, in connection with being charged with unauthorized use of a Conrail non-highway credit card to obtain gasoline for his personal vehicle.


    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. Peacock, Neutral Member


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      omzals ', Carrier Member Je dd, organization Member


Issued this day of NU'1 90.