Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27821
THIRD DIVISION Docket No. MW-26938
89-3-85-3-715
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


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

(1) The Agreement was violated when, on June 20, 21, 25, 26, 27, 28, July 2, 3 and 5, 1984, the Carrier used Inspector of Machinery J. Rosser to perform repair work on Tamper 6500 (Carrier's File 8365-1-181).

(2) Furloughed Mechanic Truck Driver J. E. Wallace shall be allowed seventy-two (72) hours of pay at the mechanic truck driver's straight time rate and eighteen (18) hours of pay at the mechanic truck driver's time and one-half rate because of the violation referred to in Part (1) hereof."

FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



The Organization contends that the Inspector of Machinery performed repair work on Tamper 6500 from June 20 to July 5, 1984. It argues that Claimant, a laid-off Mechani the repair work on the Tamper.

Carrier argues that Claimant was not a qualified repair person and that the Inspector of Machinery did not repair the machine, as the Organization contends.

This Board has reviewed the record and the numerous decisions submitted by the parties. That rev Organization has not presented a clear and persuasive Claim. Based on the vagueness of the Claim and irreconcilable facts in the record, the Board has no recourse but to dismiss the Claim.
Form 1 Award No. 27821
Page 2 Docket No. MW-26938
89-3-85-3-715






                              By order of Third Division


Attest:
      Nancy J. r - Executive Secretary


Dated at Chicago, Illinois, this 13th day of April 1989.