PARTIES Brotherhood of Maintenance of Way Employes
 DIMTE : and

STATEMENT Claim on behalf of R. L. Brode, for eight hours'
 straight time and six hours' overtime account of
 B&0 Trackmen removing snow on Western Maryland
 Railway on Friday, January 27, 1978.
 FINDINGS: By reason of the Agreement dated June 14, 1979, and
 upon the whole record and all the evidence, the Board
 finds that the parties herein are employe and carrier within the
 meaning of the Railway Labor Act, as amended; and that it has
 jurisdiction.

 Here, too, Employes charged that B&0 Trackmen cleaned tracks and removed snow on January 27, 1978. Carrier denied that B&O Traekmen wzve sent to clean switches. And on June 21, 1978 Carrier again denied the claim and stated that "no B&O Trackman from Force 1121, Keyser, West Virginia, was assigned the work of removing snow at any Western Maryland location on January 27, 1978.~

 Like in Award No. 8, Employes have submitted no substantive and convincing evidence that B&0 Carmen or any other employes of a foreign carrier removed snow and cleaned switches on January 27,1978. The statement in Employes' presentation is a mere assertion and not evidence.

The conference issue is disposed of on the same basis as in Award No. 2.

 Upon this record and for all the reasons stated in Award No. 2, the Board finds that the Carrier did not violate the Agreement and that there is no merit to the claim.

          Claim denied.


                PUBLIC LAW BOARD N0. 2452


          DMD DOLNICK, Cba~ln am


              Zv7 ~.._~'G,~ s ~~C

W. , Carrier Member WILLIAM E. R , Employe Member

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DATED: I~o~ ! g' p 0