The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.
The instant dispute presents an unusual record due to the mismatch contained in the parties' submissions. It is not possible to determine the contents of the on-property record with confidence. In addition, the contents of certain of the correspondence strongly suggest that erroneous information was provided by both parties. The only facts that appear to be reasonably clear is that the disputed position was properly advertised several times with the final bulletin being cancelled because it incorrectly stated the days of work, hours, and location. The claim appears to demand that claimant be assigned to that training position whose advertisement was promptly cancelled the day after it was published.
Given the record we have before us, we find that the burden of proof to establish a viable claim has not been satisfied. The claim, therefore, must be denied.
Public Law Board No. 7163 Award No. 3