(Brotherhood of Maintenance of Way Employes PARTIES TO DfSPUTE: (The Baltimore and Ohio Railroad Company

(1) The Agreement was violated when, in lieu of calling and using Trackman Randy Powell for overtime service on Saturday, January 29, 1977 and on Thursday, February 3, 1977, the Carrier called and used Junior Trackman Charles Jones (System File TOL-1622/2-MG-1854).

 (2) As a consequence of the aforesaid violation, Claimant Randy Powell shall be allowed pay at his time and one-half rate for an equal amount of overtime worked by Junior Trackman Benny Powers on January 29 and February 3, 1977."

 OPINION OF BOARD: The "Statement of Claim" in this case makes
 reference to alleged violations of the overtime
 provisions of the applicable rules agreement on January 29, 1977,
 and again on February 3, 1977. However, a review of the record as
 developed on the property clearly shows that there was no claim
 initiated or progressed on the property for February 3, 1977.
 Rather, the claim as originally presented and handled at the highest
 appeals officer's level was for February 4, 1977. Based on this fact,
 we have no recourse but to dismiss the claim for February 3, 1977.

 The fact situation relative to January 29, 1977 shows that overtime work was required by Carrier and that an employe junior to claimant was utilized. Carrier argues that its representative called claimant at the telephone number listed with Carrier and received no answer. Petitioner argues that claimant was at his calling place, ready for service and that he received no call.

 Obviously, at this level, the Board has no way of resolving evidentiary conflicts. Neither do we have the authority to administer equity in a dispute. - However, from the record we note that Carrier, on November 4, 1977, offered to settle this dispute by payment of ten (10) hours at the straight time rate in effect on January 29, 1977.


                    Docket Number MW-22588


                                                        I


This offer was repeated by Carrier in correspondence dated December 13, 1977, and was cited by Carrier to our Board in their ex parte submission.

 Therefore, without ruling on any of the other arguments and contentions advanced by both parties, we are inclined in this case, and based solely on the facts of record before us, to award claimant the payment as proffered, i.e., ten (10) hours at the straight time rate in effect on January 29, 1977, which equates to six hours and forty minutes (6' 40") at the overtime rate, as full, final and complete settlement of this case.

        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

        That the Agreement was violated.


                    A W A R D


        Claim sustained in accordance with Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 28th day of September 1979.