Parties Brotherhood of Maintenance of Way ~mployes
 to and
 Dispute Southern Railway Company
 Georgia, Southern and Florida Railway Company
 Statement
 of Claim: Claim on behalf of W. D. Brewster, Pile Driver
 Engineer; S. Chapman, Foreman; P. D. Brewster,
 Mechanic; W. C. Smith and John Chapman, helpers,
 alleging that the Agreement was violated whema
 contractor was used to construct a trestle at
 M.P_ 709.8 between June 6 and July 2, 1981 and
 asking. that the claimants be paid a total of 88
 hours regular time and 92 1/2 hours overtime.
 Findings: The Board-, after hearing upon the whole record and all evidence,
 finds that the parties herein are Carrier and Employee within the meaning
 of the Railway Labor Act, as amended, that this Board is duly constituted
 by Agreement dated October 17, 1979, that it has jurisdiction of the
 parties and the subject matter, and that the parties were given due
 notice of the hearing held.-
 Carrier, under date of March 4, 1981, forwarded a copy of Chief .Engineer Kriegle's letter, dated February 3,. 1981, wherein he advised of the proposed reconstruction of the passing track trestle at Edwardsville, Alabama because the existing timber open deck trestle at that location was to be replaced with a steel ballast deck trestle, that inasmuch as a1T of Carrier's Bridge anf Building forces and pile driving equipment were committed to .other work,. that said Chief Engineer Kriegle proposed to contract out the trestle 'reconstruction at Edwardsville.
 The General Chairman, under date of August 3, 1981, filed the instant claim alleging that Carrier violated the'effective agreement when- contractors were usef irr rebuilding the bridge at Mile Post 709.8 between June 6: and July 2, 1981. Further, that the organization had not
                        - 2 - Award No. 18


been notified of Carrier's intent to contract out the work as required by Rule 59 of the current agreement.

 The Board finds that while the facts of record may appear to be against the position of the EmpToyees that those facts necessary for its resolution are so in conflict as to not permit the Board to decide the case on its merits. Therefore, it will be dismissed without prejudice to the position of the- parties.
 Award: Claim dismissed as per findings.

      .'4:31:e4a~ier MembiF

                                    -S-.~4enskl, C


                    i~ a`~2 Ul~10

                                        rz~

                      'Arthur .Van Wart, Chairman and Neutral Member


Issued April 19, 1983_