As Third Party in Interest, the Brotherhood of Maintenance of Way Employes was advised of the pendency of this dispute and chose to file a Submission with the Board.
This claim arises from Carrier's assignment of a gang of four B&B Department employees headquartered at Collinwood Diesel Terminal in Cleveland to install a metal fire door at the Terminal's Fuel Abatement Plant on August 3 and 4, 1993.
This case boils down to the Organization's claim that the cutting and reframing of the sheet metal part of the assignment was work that should have been performed by a member of its Organization, and Carrier's contention that Sheet Metal Worker A. Nardone was one of the four employees who actually performed this assignment. The Organization presented a typewritten statement from Nardone indicating that he did not work on the door in question. Carrier rebutted this evidence with a statement from the Shope Manager indicating that the Foreman assigned four named individuals to this project, one of which was Nardone, and noting that the statement submitted by Nardone had his name misspelled.
Putting aside the various arguments of the Organization and Carrier regarding the merits of this claim, the record clearly establishes that an irreconcilable dispute as to essential facts exists. In such circumstances, this Board has routinely held that, in its appellate capacity, it cannot resolve such factual disputes, and that the underlying claim must be dismissed for failure of the Organization to meet the requisite burden of proof. See Second Division Award I 1101; Third Division Awards 29297, 28924, 28401.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.