Lloyd H. Bailer, Referee


(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Robert W. Blanchette, Richard C. Bond, and ( John H. McArthur, Trustees of the Property ( of Penn Central Transportation Company, ( Debtor

 STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
 of Railroad Sigmahaen on the former Pennsylvania
 Railroad Company:

                  System Docket 681

          Eastern Region - Chesapeake Case No. 228


(a) That the company violated Article 2, Section 23(h) of the current agreement when it called and allowed a junior employee, A. R. Estes, Jr., Signalman, Baltimore, and J. Buzzuro, Leading Maintainer, Edgewood Tower, to work a wreck at Virginia Tower, Washington, D. C, The two employees were called at llpm and qpm respectively August 12, 1968, and worked until 5pm April ZS-ic - should be August9 13, 1968. Mr. Buzzuro is not of our section or territory. T. D, Diven called the Power Director at 9:30 pm August 12,. 1968, but was told he was not needed. M. L. Boblayer was not called. He was home and available.

 (b) That T. D. Divan be reimbursed 10.5 hours and M. L. Bohlayer be reimbursed 12 hours, both at the overtime rate.

 OPINION OF BOARD: The record in this dispute is outstanding in the
 failure of each party to substantiate its position,
 being content to point to what it considers to be error in the position .
 of the other. In such circumstances we can only look to the account
 of the handling of the dispute on the property.

 The Petitioner shows that during such handling the Carrier offered to pay each claimant a sum equal to four hours straight time in order to dispose of the claim. Our analysis of the record indicates that that offer should have been accepted. Without further evidence, it appears that the offer constitutes a proper disposition of the claim. Our decision is without prejudice to the position of either,party with regard to any argument advanced in this case.
                    Award Number 21569 Page 2

                    Docket Number SG-20896


        F=n4GS: 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 Employee involved in this dispute ate 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 question of Agreement violation was disposed of in the Opinion of Hoard.

                    A W A R D


        Claim sustained per Opinion of Board.


                          NATIONAL RAILROAD ADJIISTMEfT BOARD

                          $ Order of Third Division


          ATTEST: doA1*&Qm1saLoooo Executive Secret


          Dated at Chicago, Illinois, this 17th day of June 197?.