SPECIAL BOARD OF ADJUSTMENT N0. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          vs.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of 11 day suspension assessed L. H. Luderman, in connection with being charged with failure to perform duties of his I&R Inspector position when he failed to detect and report wide gauge during inspection. tours resulting in a derailment of 3 cars.


    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:

    Considering all factors involved and noting that claimant has 16 years of discipline free service, we conclude the amount of discipline to be excessive and deem that a reprimand would be more commensurate with this first offense.


                  7


                C. A. P~k, Neutral Member


      omzalsk'r arrier Member Je odd, Organization Member


I ed this day of ~~ , 990.