The Third Division consisted of the regular members and in addition Referee Hugh G. Duffy when award was rendered.
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.
This is a time claim in which the organization contends that three Laborers were called to work with the Roadmaster in unloading equipment on August 11, 1990, and that the Roadmaster did not call a Foreman, but elected to perform the work himself. Form 1 Award No. 30261
The carrier contends that the Roadmaster did not perform any work assigned to the position of Foreman on that date, but instead used an on-duty, qualified Foreman to work with the three Laborers when the regularly-assigned Foreman failed to report for duty.
It is clear that the Board has neither the authority nor the competence to resolve factual disputes such as that presented in this case. Having been presented with irreconcilable statements of facts, we must accordingly follow a long line of precedents of the Board and dismiss the claim.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.