(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) The Carrier violated the Agreement when it assigned junior Laborer T. Weston Instead of Laborer J. L. Jimenez to perform welder mechanic helper's work (Carrier's File 450-MofW).

 (2) Because of the aforesaid violation, J. L. Jimenez shall be allowed the difference between what he earned as a laborer and what he should have earned as a welder mechanic helper beginning December 1, 1982, continuing until such time as the violation is terminated."

 OPINION OF BOARD: This dispute embraces a number of serious allegations which
 could have significant implications for both parties as
 well as substantial cost to Carrier. As the Board views the matter, however,
 both sides failed to support their positions with adequate and accurate
 factual information, particularly with respect to Mr. Weston's work history
 during the critical period and the prior several months. For example, the
 Organization alleges that Weston was employed as a Truck Driver prior to the
 immediate period of the Claim and Carrier denies that this was his assignment.
 The facts are that this could easily be determined from Carrier's records.
 Other equally important factual matters are unclear, including the length of
 Weston's assignment (whether temporary or not) with the Repair Shop. On the
 present state of the record it would be improper to dismiss the Claim just as
 it would be equally wrong to sustain it, based on the serious consequences and
 importance to both parties. For that reason the matter is remanded to the
 property for a check of Carrier's records with respect to all factual ques
 tions (and the Organization should participate in defining the facts it wishes
 authenticated) and the Board will retain jurisdiction of the dispute and will
 endeavor to resolve the matter after the facts are established.



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;
                        Docket Number MW-25988


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the record is incomplete.


                        A W A R D


The dispute is remanded to the property for a check of Carrier's records in accordance with the Opinion above; the Board will retain jurisdiction of the dispute.

                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attes .
        Nancy ever - Executive Secretary


Dated at Chicago, Illinois, this 20th day of March 1987.