(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATE OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it assigned and used J.. Roberson instead of C. R. Gaskill, Jr. to fill a temporary vacancy of Production Gang Foreman (Gang No. 1, Shift No. 1) March 30, 1981 through April 5., 1981.. both dates inclusive.

 (2) Because of the aforesaid violation, Dr. C. R. Gaskill, Jr. be 0.11axd pay at the Production Gang Foreman's rate for a number of hours equal to the total expended by Mr. J. Roberson in performing such work during the period mentioned in Part (1) hereof."

 OPINION OF BOA.°.D: It is the contention of the Claimant, C. R. Gaskill, that< Carrier was in contravention of current Agreement Rule 3(b) and Rule 18(c) when it assigned, from March 13, 1981 to April 5, 1981, J. Roberson rather than himself the position of production foreman of Gang 1, Shift 1 as advertised by Bu11etin 14, dated baron 16, 1981.
of permanent positions on 'Mrxch 16, 1981 and that Claimant, in accordance with
 Rule bid on ten (10) of these positions in descending order of preference.
 Claimant's first choice was Bulletin No. 28, which .as for Gang 2, Shift 1
 and Claimant's third. choice was Bulletin No. 14, which was for Gang 1, Shift 1
 of two gangs which Carrier contemplated establishing on a twelve (12) hour a
 day basis for seven (7) consecutive days which were to be followed by seven (7)
 rest days. Mr. J. Roberson also bid, but as first choice, Bulletin 14. The
 record further shows that by order of the state of Michigan, owner of the Car
 rier, all Bulletins for the pe-:nent positions in question were cancelled by
 the Carrier on April 3, 1981. Since, according to Carrier, Bulletin No. 14 posi
 tion was to commence work on March 30, 1981- and Bulletin No. 28 was not to start
 work until April 5, 1981, Carrier claim is that :·e days :r. Roberson worked the
 Bulletin No. 14 position, before the cancellation letter of April 3, 1931, plus
 the additional two (2) days "to clean up (what) the gang had started", were ac
 ceptable under the Agreement since the Carrier ultimately found itself in a
 situation which, because of the "directive of the state" (was) "outside the con
 trol of the Carrier". Quite simply, the Board sees the reasonableness of the
 position of the Carrier in this respect and denies the claim on its merits.
 Award Number 24436
 Docket Number NTW-24542

 Page 2

 Of considerable concern to the Board, however, in the instant case is the state of the record presented to it. At no point in its ex parte submission does Organization 28 (nor of any of the other Bulletins introduced in fact or by reference) nor is this information found in the original Bulletins themselves. Only after considerable conjecture and puzzling over this case, supplemented by the Board's analysis of the correspondence accompanying the case, does it filly become clear why relief was requested between the dates of March 30.. 1981 and April 5, 1981 by the Organization in the first place. It is the reponsibility of parties sub submissions and supporting data which are consistent with each other and sensibly decipherable. The instant case did not reasonably meet that test and on those grounds alone provided the Board with justifiable reason to dismiss it, e:Ry considerat
        :Ih'DIIv~: The Third Division of the Adjustment Board, upon the whole record and all `,.he evidence, finds and holds:


'Mat the panties waived oral hearing;

 That the Crier and the ElEaployes involved in this dispute are respectively Carrier and Eiaployes within the meaning of the R;ilvay 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 not violated.

 A W A R D
Claim denied.

 ATTEST: Acting Executive Secretary
        National Railroad Adjustment Board


By /l.~-'--=~'-`. ~. c,t_ J_ / i~ i
 _/~ Rosem_-rie Brasch - Administrative Assistant

 NATIONAL RAILROAD ADJLST:viENT BOARD
 By Order of Third Division

 Dated at Chicago, Illinois, this 15th day of June 1983.