Thomas L. Hayes, Referee


        (Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

                    (The Chesapeake and Ohio Railway Company

                    ( (Chesapeake District)


        STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of

        Railroad Signalmen on the Chesapeake and Ohio Railway Company (Chesapeake District) that:


        (a) Carrier violated and continues to violate the current Signalmen's Agreement, in particular R 1967, it assigned or allowed maintenance, repairs and/or improvements of electric switch heaters located at the Carntown, Kentucky, signal interlocking plant (Mile Post 633. and who hold no rights under provisions of the Signalmen's Agreement.


        (b) Carrier now be required to compensate the claimants named below at their applicable rates of pay, in the comparable amount of time that the Carrier used employes not covered in the Signalmen's Agreement in performing the work cited in part (a) of this claim. In view of the fact that the above action on the part of the Carrier is a continuing violation of our agreement, we request that this claim be retroactive sixty (60) days from date when filed, May 6, 1968, and to continue until such time as the Carrier takes the necessary corrective action to assign such work to employes covered in the Signalmen's Agreement.


                      R. L. Scharfenberger, Maintainer

                      G. W- Moore, Maintainer, Helper

                      /Carrier's File: 1-SG-262/


        OPINION OF BOARD: In Award 19376, the Petitioner claimed that Signalmen

        have the exclusive right to install eiectric switch heaters

        at Carntown, Kentucky, on the Carrier's Cincinnati Division and, in this case,

        Petitioner asserts, on behalf of Signalmen, an exclusive right to maintain

        or repair the same switch heaters.


              As we stated in the previous case:


                ". . the Petitioner made no showing that the work in dispute is of a type historically and customarily performed by Signalmen alone and therefore we must dismiss the claim."


1
                    Award Number 19377 Page 2

                    Docket Number SG-18312


        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes 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; and

        That the Claim be dismissed.


                    A 41~A R D


        Claim dismissed.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


AT':FST:
        Executive Secretary


Dated at Chicago, Illinois, this 28th day of July 1972.

 I