SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of dismissal assessed N. J. Harvey on June 7, 1985, in connection with being charged with violating Company Safety Rule 3013 when he engaged in horseplay while working in Columbus, Ohio, resulting in an injury to an employee of Colvin Gravel Company while under contract working for Conrail.


    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.,Pe cock, Neutra Mem er


    A

    J Domzals i Carrier Member ed Dodd, Organization Member


Ild this 7t day of August, 1