SPECIAL BOARD OF ADJUSTMENT NO. 976


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          VS.


                CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

        Appeal of the discipline of dismissal assessed V. D. Nitz, in connection with being charged with unauthorized removal and possession of one ton of ballast from Minerva Yard and violation of paragraph 3 of Rule L, of the Rules of the Transportation Department.


    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. P acock~ 1 Me m er


            .~<

7. JU

F. ., Domxa i, Carrier Member Je od , Organization Member

 issued this L day of /YeJdc~sr~ , 1986.