SPECIAL BOARD OF ADJUSTMENT NO. 976


        BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                        VS.


              CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

      Appeal of 57 days suspension assessed G. L. Cline, in connection with being charged with failure to safely operate his machine which resulted in a collision with the CAT Tamper.


      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:

          Based on the evidence presented,.the conclusion of the Carrier was not unreasonable and some discipline was warranted, however, in consideration of his 16 years of discipline free . service, we find the discipline assessed for this first offense to be excessive and it shall be reduced to a 15 day suspension.


              C. A. P. cock, Neutral e r


F.- Domzal , Carrier Member Jed odd, Organization Member

 Issued this day of , 1991.