SPECIAL BOARD OF ADJUSTMENT N0. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of time held from service (approximately 6 months) assessed S. Duffield in connection with being charged with unauthorized removal of three 20 foot sections of corrugated pipe at Gang Mills Yard and unloaded them on private property behind the Cameron Fire House, Cameron, NY.


    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:

        Aside from the conflicting testimony and dubious factors surrounding the occurrence, in our judgement there is insufficient evidence to support Carrier's conclusion, therefore, claimant is to be exonerated in accordance with Section 4 of Rule 27.


,ff-.-WA-.-eac-oc1F-,-Neutral Member

 (~,,~/ i

 ` Domzals , Carrier Member Jed Do , Organization Member

 Issued this day of - ' , l~