SPECIAL BOARD OF ADJUSTMENT NO. 976


                  BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                                  VS.


.;.: CONSOLIDATED RAIL CORPORATION
 STATEMENT OF CLAIM:
 Appeal of five day suspension assessed T. P.
 . Gurrea in connection with being charged with
 violation of Safety Rule 3355 which resulted
 in his personal injury.
 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:
 After a careful review of the facts and circumstances
 prevalent in this case, we conclude the claimant was not in
 violation of the Safety Rule. Consequently, the claimant
 will be exonerated in accordance with Rule 27 Section 4 of
 · the schedule agreement.

 r ea oc , Neutra a er

          F. . Domza , arrver Me er J Do , Organization Me er


          Issued th s 3 °d day of ` 1987.