(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Seaboard Coast Line Railroad Company:

 (a) Carrier violated the current Signalmen's Agreement as amended particular Rule 1 Scope when it required and/or permitted Roadway Forces to remove Bootleg connections and bond wires at River Road, Hopewell. Virginia on May 7, 1974.

 (b) Carrier should now be required to compensate Signal Maintainer D. L. Benton for a minimum ca one and one half times his regular rate of pay.

OPINION OF BOARD: There is no dispute concerning the work involved in
 this case since both parties agree that it is work coming under the Scope Rule of the applicable Agreement. The issue at bar is whether or not Claimant was notified to be present at River Road in Hopewell, Virginia on May 7, 1974 to assist in replacing a section of defective welded rail.

 The record in this case indicates only two relevant pieces of information, or evidence, which bear directly on the factual dispute. There is a statement dated June 7, 1974 signed by the supervisor, F. G. Cutts, to the effect that he notified Claimant of the work in question on the afternoon of May 6th; there is also a statement by Claimant, dated September 14, 1974 indicating that he was not notified on May 6th as Carrier contends. The resolution of this factual disagreement is determinative of the entire dispute.

 This Board has no way of resolving an irreconcilable dispute on facts. We have been faced with such situations many times and have held consistently that under such circumstances the claim must either be denied or dismissed. In Award 15588 we said:



Similarly, in the instant case, since we have no means of resolving the factual conflict we will dismiss the Claim.

        FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

        That the facts are in dispute.


                    A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT HOARD

                          By order of Third Division


ATTEST: aAl

        Executive Secretary ;


Dated at Chicago, Illinois, this 28th day of February 1977.

                                  i; , n`


                                        . ` ` =-


                                    C-~z r-r'Tr : i ~ ·,,