Form 1 THIRD DIVISION Award No. 30096
Docket No. MW-30229
94-3-91-3-688



PARTIES TO DISPUTE:


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


      1. The Agreement was violated when the Carrier

          assigned junior Machine Operator Jerry West,

          instead of senior Machine Operator Roger Glenn, to

          perform overtime service at Madison, Illinois on

          October 20, 1990 (System File 1990-25/013-293-15).


      2. As a consequence of the violation referred to in

          Part (1) above, Claimant Roger Glenn shall be

          allowed twelve and one-half (12 1/2) hours' pay at

          his time and one-half rate of pay."


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 at hearing thereon.


The Organization alleges that the Carrier violated the Agreement when it called out a junior Machine operator instead of the Claimant on October 20, 1990, for overtime work.


The Carrier asserts that the Claimant was scheduled for work on that date but failed to report for duty. The Claimant asserts that no one advised him that he was scheduled to work.

Form 1 Award No. 30096
Page 2 Docket No. MW-30229
                                            94-3-91-3-688


The Board finds that it has been presented with irreconcilable statements of fact in this matter, and, under well-established precedents of the Board, the Claim must be dismissed.


                        A W A R D


      Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


Attest:
      Catherine Loughrin Interim Secretary to the Board


Dated at Chicago, Illinois, this 4th day of April 1994.