a. The Carrier violated the Agreement in the Office of Auditor of Passenger Accounts, Atlanta, Georgia, from June 9, 1955, through June 27, 1955, when employes not covered by the Agreement performed a total of 72 hours and 35 minutes work regularly assigned to the Claimant, Mr. R. H. Clark, and
EMPLOYES' STATEMENT OF FACTS: Claimant, Mr. R. H. Clark is employed in the office of Auditor of Passenger Accounts, Atlanta, Georgia. The office constitutes a separate seniority district. Claimant Clark occupies the position of Machine Operator fully covered by the Agreement. His duties are to operate several types of I.B.M. equipment.
All pertinent facts and data used by the Carrier in this case have been made known to the Employe representatives.
OPINION OF BOARD: Careful consideration of the record discloses that the validity of this claim turns on a sharp factual dispute as to the nature of the work performed by the official and excepted employes. The record does not furnish any basis for resolving this conflict of fact. See Awards 4068, 6367, 6430, 8431, 9046, 9324. Accordingly, the claim will be dismissed.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employe involved in this dispute are respectively Carrier and Employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and