Rodney E. Dennis, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (Southern Pacific Transportation Company (Western Lines)


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

 1. The Carrier violated the Agreement when it assigned junior Tractor-Bulldozer Operator K. D. M 19, 22 and 23, 1983 instead of using Tractor-Bulldozer Operator R. R. Allen who was senior, available and willing to perform that service (Carrier's File MofW 148-514).

 2. Claimant R. R. Allen shall be allowed eleven (11) hours and forty (40) minutes of pay at the tractor-bulldozer operator's time and onehalf rate in effect on the
OPINION OF BOARD: On February 19, 22, and 23, Carrier used Operator K. D.
 McDaniel to perform overtime service for a total of 11 hours and 40 minutes. The Claimant is senior to McDaniel and claims he should have been used to perform the overtime work. Carrier contends that Claimant made it known to Carrier officials that he was not available to perform emergency or short-time work outside the Oak Ridge District where he lived. On February 19, 1983, as a result of storm damage near Rosebury, Oregon, in the Rosebury District, Carrier used Operator McDaniel to perform the work.

 This Board has reviewed the record of this case and must conclude that an irreconcilable dispute of a material fact exists that makes it impossible to fairly decide t
Carrier states that Claimant informed his Supervisors that he was not available for short-time or emergency work outside the Oak Ridge District. Claimant denied such a statement. We have no way, based on the record, to decide the dispute. Under similar circumstances, this Board has dismissed such claims. We therefore shall do the same in this instance.

        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;

                      Award Number 26478 Page 2

                      Docket Number MW-26263


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 Claim be dismissed.


                        A W A R D


        Claim dismissed.


            7 NATIONAL RAILROAD ADJUSTMENT BOARD

            By Order of Third Division


Attest: ~/~

        Nancy J. Di~

              c~4er - Executive Secretary


Dated at Chicago, Illinois, this 9th day of September 1987.