(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(The Chesapeake and Ohio Railway Company

(Northern Region)


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

 (1) The Carrier violated the Agreement when it failed to recall Trackman K. C. Alberts to service on April 5, 1983 (System File C-TC-1871/MG4126).

 (2) Because of the aforesaid violation, Trackman K. C. Alberts shall be allowed ninety-six (96) hours of pay at his straight time rate for the period April 5 through April 20, 1983."

 OPINION OF BOARD The Claim herein involves the alleged failure of Carrier
 to recall Claimant in accordance with his seniority while
 recalling less senior employes. The Board, after careful examination of the
 entire record of this dispute, finds that it is unable to deal with the
 substantive issues raised; this, because of some fundamental conflicts with
 respect to the pertinent facts. Petitioner alleges that less senior employes
 were recalled prior to Claimant, while Carrier asserts that this was not the
 case. Based on the record, this Board has no possible way of knowing which
 version of the facts is correct and hence can make no determination with
 respect to the merits; the Claim must be dismissed.



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;

                        Docket Number MW-25991

                        A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


Attest: ,
        Nancy ever - Executive Secretary


Dated at Chicago, Illinois, this 24th day of April 1987.