Form 1 THIRD DIVISION Award No. 29678




PARTIES TO DISPUTE: (Brotherhood of Maintenance of Way Employes


STATEMENT OF CLAIM:

      "Claim of the System Committee of the Brotherhood that:


      (1) The Agreement was violated when the Carrier

      assigned junior employe Mr. J. Horner in

      stead of Mr. T. Goodon to fill a position on

      Force 6605 beginning April 4, 1990 until April

      30, 1990 [System File C-TC-7021/12(90-594) COS].


      (2) As a consequence of the aforesaid violation,

      Mr. T. Goodon shall be allowed one hundred

      forty four (144) hours of pay at his pro rata

      rate."


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 employe 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.


Parties to said dispute waived right of appearance of hearing thereon.


The Claimant alleges that, beginning on April 4, 1990, he continually requested that the Carrier assign him any available temporary work while he was on furlough. Upon being recalled from furlough, he alleges, he discovered that temporary work had been available and had been assigned to a junior employee.


    In its denial letter of June 7, 1990, the Carrier states:

Form 1 Award No. 29678
 Page 2 Docket No. MW-29965
 93-3-91-3-358
 "Mr. Goodon did call this office asking about
 jobs available to him. When he was advised
 of temporary positions he might possibly
 work, he told this office he did not want to
 work temporary jobs, only permanent as it
 was too far to drive just for temporary
 work."

 The Board finds that it has been presented with irreconcilable statements of fact in this matter, and, under well-established precedents, the Claim must be dismiss
                        A W A R D


      Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attes
      ancy ver, Secretary to the Board


Dated at Chicago, Illinois this 29th day of June 1993.