(Brotherhood of Maintenance of Way Employes

PARTIES TO DISPUTE:
              (National Railroad Passenger Corporation (Amtrak)


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

 (1) The Carrier violated the Agreement when it refused to permit Trackman E. Quarles to displace a junior trackman at Bayview on December 5, 1981 (System Docket 426).

 (2) The claimant shall be allowed eight (8) hours of pay at the trackman's rate for each work day beginning with the first day the Carrier refused to permit him to displace a junior trackman and continuing until he was recalled to service."

 OPINION OF BOARD: Claimant Quarles was displaced on November 26, 1981. Under
 Agreement Rules Claimant had until December 6, 1981 to exercise his displacement right in bumping a junior employe or filing furlough papers. Claimant maintains that on December 4, 1981 he advised the Track Supervisor of his request to displace junior employe Young, but was refused. The Track Supervisor maintains that no such request occurred and that the only discussion revolved around a "bump in the tunnel" in which there were no junior employees. The Claimant submits a letter of endorsement and the Carrier raises numerous issues about the letter's authenticity, date of occurrence and meaning. All the salient "facts" in the case at bar are disputed.

 This Board must therefore forego a discussion of the merits of the instant case because the facts are in contention and come to this Board as irreconcilable allegations. This Board is charged with resolving conflicts related to the application and interpretation of Agreements based on facts presented on property and _not with determining facts. Unable to determine what occurred on property, this Board cannot move beyond its proper authori:v to find "fact." That is beyond our jurisdiction and for that reason this Board has no alternative other than to dismiss the Claim.

        FINDINGS: That 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 25973 Page 2

                      Docket Number MW-25799


        That the Agreement was not violated.


                        A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: oopie

      Nancy J. Deve - Executive Secretary


Dated at Chicago, Illinois, this 14th day of March 1986.