(Brotherhood of Maintenance of Way Elnployes PARTIES TO DISPUTE:

(National Railroad Passenger Corporation

(Amtrak) - Northeast Corridor


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

 (1) The Carrier violated the Agreement when it assigned outside forces to prepare and paint ceilings and walls in Rom 420 complex in 30th Street Station on November 24 and 29, 1982 (System File NEC-BMVIE-SD-588).

 (2) Because of the aforesaid violation, Painter L. Rossini shall be allowed twelve (12) hours of pay at his straight time rate."

 OPINION OF BOARD: There are two facts in this record which are not disputed.
 First, it is undisputed that on May 19, 1982, the Carrier gave the union notice of certain work they intended to subcontract, including the following:

Second, at sane time during November or December 1982 the Alper Roofing Company scraped, spackled and painted the ceiling and walls of three roams on the 4th floor of the Carrier's 30th Street Station.

 The Organization claims that the painting work was necessary because of damage done by vandals and that the work was performed on November 24 and 29, 1982. Moreover, they claim no notice was given. The Carrier claims that the damage was caused by an improper installation of a roof drain by the roofing contractor (Alper) of the contract on December 6, 1982. Additionally, they assert the organization had notice of the wa whether the organization ever provided the Carrier with a copy of a March 17, 1983, rejection of a denial.

 These factual claims and counter claims are significant because neither Party while on the property did anything meaningful to substantiate their assertions. There is nothing in this record to suggest the Union offered anything to support the idea that vandals caused the damage. On the other hand, the Carrier failed to put forth anything to show it was caused by improper roof repairs or even if it was that it was covered by a warranty provision. For instance, there is no copy of the contract with the roofing company in the record. Nor is a copy of the original notice in the record either.


Thus, neither Party has provided the evidence necessary to make an affirmative finding of fact to either sustain or deny the Claim based on their respective positions. Accordingly, in view of the irreconcilable state of the disputed facts we are compelled to dismiss the Claim.

        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 facts are in dispute.


                        A WAR D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
            3=121r; ~

        Nancy J r - Executive Secretary


Dated at Chicago, Illinois, this 15th day of January 1987.