SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of 3 days actual and 5 days deferred suspension assessed D. M. Mulqueen, in connection with being charged with smashing a headlight on a Conrail vehicle.


    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. Peacock, Neutral Member


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    J. Domza s ' , Carrier Me er JB Dodd, Organization Member


Iss ed this rt day of ~,~l.n, 1986.