NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 22403

THIRD DIVISION Docket Number SG-22321

Abraham Weiss, Referee

(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Atlanta and West Point Railroad Company
( The Western Railway of Alabama
( Georgia Railroad

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Atlanta and West Point
Railroad Company - The Western Railway of Alabama:

On behalf of Telephone Maintainer F. L. Thigpen, headquarters Atlanta, Ga., for nine hours' overtime pay account Carrier using Telephone Maintainer Roy Newsome, headquarters Montgomery, Ala., to clear telephone trouble on claimant's territory July 5, 1976, 7:30 a.m. to 4:30 p.m."

OPINION OF BOARD: A malfunction occurred on Claimant's territory
on July 5, 1976. There is no question the
Claimant was entitled to be called.

The Carrier asserts Claimant was called twice and the Claimant was not at home. The Claimant asserts, in response, that he was home and available.

The Board is without a vehicle to resolve this conflict in evidence and the claim must be dismissed for lack of proof.

FINDINGS: The Third Division of the Adjustment Board, 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 Board has jurisdiction over the dispute involved herein; and

Award Number 22403 Page 2

Docket Number SG-22321

That the claim be dismissed.

A W A R D

Claim diamissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: JgAj &AZ~

Executive Secretary

Dated at Chicago, Illinois, this 16th day of May 1979.