Award No. 10261 Docket No. SG-10330 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen of America on the Chicago, Rock Island and Pacific Railroad Company that:

(a) The Carrier violated the Signalmen's Agreement, particularly the Scope Rule, when on February 16, 1957, it allowed and/or permitted Maintenance of Way employes who are not covered by the Signalmen's Agreement to perform generally recognized signal work at or near Mile Post 259.

(b) The Carrier now compensate Signal Maintainer T. F. Johnson, whose assigned headquarters are at Wellington, Kansas, for two hours and forty minutes at his punitive rate of pay for the violation cited in part (a) of this claim.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:

That the Carrier and Employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein;

That the dispute was certified to the Third Division of the Adjustment Board ex parte by the complainant party; and

That hearing thereon has been held and concluded. Under date of December 13, 1961, the parties jointly addressed a formal communication to

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