4 hours, September 20, 1948

4 hours, September 21, 1948

4 hours, September 22, 1948

8 hours, September 23, 1948

152 hours-Total;

(b-2) Signal Maintainer J. B. McBride, with headquarters at Oswego Kansas, shall be compensated at his regular rate of pay on basis of time and one-half for amount of time equal to that required by persons not covered by the current Signalmen's Agreement to perform signal work assigned to such persons in violation of such agreement; namely:

8 hours, August 4, 1948

91 hours, August 5, 1948

5 hours, August 6, 1948

4 hours, August 11, 1948

31 hours, August 12, 1948

31 hours-Total;

(b-3) Signal Maintainer J. M. Nading, with headquarters at Vinita, Okla., shall be compensated at his regular rate of pay on the basis of time and one-half for an amount of time equal to that required by persons not covered by the current Signalmen's Agreement to perform signal work assigned to such persons in violation of such agreement; namely:

4 hours, August 11, 1948

5~ hours, August 12, 1948

6 hours, August 13, 1948

6 hours, August 14, 1948

8 hours, August 17, 1948

7 hours, August 18, 1948

7 hours, August 19, 1948

7 hours, August 20, 1948

50k hours-Total;

(b-4) Signal Maintainer Findley Wilson, with headquarters at Pryor, Okla., shall be compensated at his regular rate of pay on the basis of time and one-half for an amount of time equal to that required by persons not covered by the current Signalmen's Agreement to perform signal work assigned to such persons in violation of such agreement; namely:

8 hours, August 18, 1948

8 hours, August 19, 1948

8 hours, August 20, 1948

8 hours, August 24, 1948

8 hours, August 25, 1948

40 hours-Total;

(b-5) Signal Maintainer A. W. Lofton, with headquarters at Wagoner, Okla., shall be compensated at his regular rate of pay on the basis of time and one-half for an amount of time equal to that required by persons not covered by the current Signalmen's Agreement to perform signal work assigned to such persons in violation of such agreement; namely:

4 hours, August 25, 1948

8 hours, August 26, 1948

4 hours, August 27, 1948

16 hours-Total;

negotiated, when revision of Signalmen's Agreement was requested October 1, 1947 and when original claim was made by him in April 1948, immediately after mediation proceedings were terminated by the National Mediation Board, April 12, 1948, in Case A-2714. If this work was, in fact, covered by and subject to the Scope and other rules of the current Signalmen's Agreement on this property, as Petitioner is now contending, the General Chairman of the Signalmen's Organization surely would have made such claim when such alleged agreement violation first occurred and not five years later. Obviously this claim is designed for no other purpose than to obtain an illconstrued and improper interpretation of the current Signalmen's Agreement on this property, contrary to the interpretation placed on that agreement by the parties, and thrust upon the Carrier a change in that agreement which the Organization requested and the Carrier was compelled to decline, both in direct negotiations and in mediation proceedings. Therefore, any award, other than a denial of this claim, would not only be contrary to the provisions of the current Signalmen's Agreement on this property, as they have been understood and interpreted by the parties in the past, but would also be contrary to the Certification of the National Mediation Board in Case No. R-1825, dated July 24, 1947, and the Railway Labor Act.

The claims in this case are for the amount of time Signal Maintainers actually assisted Signal Supervisors in making tests of signal apparatus during their regular assigned tour of duty at rate of time and one-half in addition to straight time paid for time actually worked, which, if allowed, would constitute payment on basis of two and one-half times the straight time rate. The agreement contains no such penalty for work actually performed, or time and one-half for work not performed.

The Carrier respectfully requests that the Board deny the claim.

Except as expressly admitted herein, the Carrier denies each and every, all and singular, the allegations of Petitioner's claim, original submission and any and all subsequent pleadings.

OPINION OF BOARD: The Carrier assigned the performance of certain periodic work of testing and inspecting the component parts of its signal system to Signal Supervisors. Claimants contend that this work is within the Scope of the Signalmen's Agreement and that the Agreement was violated when it was assigned to Signal Supervisors, positions not within the Signalmen's Agreement.

The dispute grows out of the passage by Congress of the Signal Inspection Act approved August 26, 1937. Pursuant to this Act, the Interstate Commerce Commission promulgated rules, standards and instructions as to the manner of installing, maintaining and inspecting the equipment to which the Act referred. Certain requirements as to the testing and inspecting of designated devices and appliances are set forth together with a method of reporting the results. The Carrier assigned this work to Signal Supervisors who as their title implies, were supervisory employes outside of the Scope of the Signalmen's Agreement. The question for decision is whether the work is reserved to signalmen under their Agreement.

The Scope Rule of the controlling Agreement provides:

"This agreement governs the rates of pay, hours of service and working conditions of all employes in the Signal Department (except supervisory forces above rank of foreman, clerical forces and engineering forces) performing the work generally recognized as signal work, which work shall include the construction, installation, maintenance and repair of signals, interlocking plants, highway crossing protection devices and their appurtenances, wayside train stop and train control equipment, car retarder systems, centralized traffic

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