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            SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


              CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

      Appeal of 18 day suspension assessed J. M. Sindoni, in connection with being charged with failure to properly perform the duties of an I/R Foreman.


      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:

          While the record is open to speculation,.we do not

          find sufficient evidence to convince. this Board.

          that Claimant was derelict.in the performance of

          his duties. Lacking credible evidence, we deem

          that Claimant should be exonerated in accordance

          with Section 4 of'Rule 27. - _


              C. A. Peacock, Neutral Me r


F. Domza c , Carrier Member Je odd, Organization Member

 Issued this ~,3 day of 1991.