PROCEEDINGS BEFORE PUBLIC LAW BOARD N0. 3781
 AWARD N0. 6
 Case No. 6
 Referee Fred Blackwell
 Carrier Member: R. O'Neill Labor Member: W. E. LaRue

 PARTIES TO DISPUTE:





STATEMENT OF CLAIM: -

(a) The Carrier violated the provisions of the effective` working agreement dated February 1, 1982, when on July 13, 1983, it refused to allow Claimant B&B Mechanic Paul Rivas to return to dutyalthough he was able and available for service, which is a violation of Rule 27, Section 1(b).

 (b) The Carrier further violated the agreement, partic- - ularlv Rule 26(b), when it failed to timely respond to letter of appeal dated September 22, 1983.

 (c) Claimant Rivas' record be cleared and he be compensated for each day he was denied work from July 13, 1983, at his applicable rate of pay, eight (8) hours per day, until he was allowed to return to service.

 FINDINGS:

 Upon the whole record and all the evidence, after hear- - ing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted by agreement and has jurisdiction of the parties and of the subject matter.
 P.L. Board 3781 - Award No. 6, Case No. 6
Having been disposed of by the parties during argument of the case before the Board, the herein claim is dismissed.

 AWARD:

 Case dismissed.
 BY ORbER F PUBLI LAW BO NO. 81.

R. 0'Ne 1, Carrier Member

 Executed on 2~/ 2 , 1986.

 "W. E. LaRue, Labor Member