(Brotherhood of Railroad Signalmen PARTIES To DISPUTE:

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

 Company that: Railroad Signal men on the Erie Lackawanna Railway

 (a) Carrier violated the current Signalmen's Agreement, as amended, particularly the Scope, when it required and/or permitted employee of Angtia Electrical Company to raise the signal pole line over Pine Street Crossing in Griffith, Indiana, on Saturday and Sunday, June 21 and 22, 1969, by setting four poles and changing 21 line wires.

 (b) Carrier should be required to compensate the following signal employee at one and one-half times their respective rate of pay for two eight-hour days:

 Signal Foremen H. J. Bryant; C. Campeti, C. Campbell, R. Clemens and all other employee in Signal Gang #51.

 Leading Signal Maintainer D. H. Young, Hamoand, Indianap and the Signal Maintainer also headquartered at Hammond.

OPINION OF BOARD: Claimants contend that Carrier violated the Scope Rule of
 the Agreement when it required and/or permitted outside
 employees to perform work of Signal Department Employees. The Claimantg,
 Signal Foremen W. J. Bryant and all other employees in Signal Gang #51,
 Leading Signal Maintainer and the Signal Maintainer, Hammond, Indiana, seek
 compensation awards for the alleged violation.

The town of Griffith, Indiana, wanting a new grade crossing constructed on Carrier's property at Pine Street, Griffith, Indiana, filed the appropriate Petition with the State Public Service Comm.esion on December 3, 1968. In the proceeding on that Petition the Carrier opposed.. the town's proposal and offered an alternative proposal. By order of May 29, 1969 the Public Service Commission approved the town's proposal; hmever, on June 15, 1969 the Carrier filed a Petition for reconsideration of the Commisaionls order approving the tam's proposal.
                    Docket Number SG-19291


on Saturday end Sunday, June 21 and 22, 1969, before hearing or determination of Carrier's Petition for reconsideration, the township of Griffith instituted grade crossing construction work at Pine Street, Griffith, Indians. This work included the raising of a portion of the Carrier's sigael pole line by a private electrical contractor.

 On Dine 27, 1969, the carrier filed with the State Public Service Commission a supplement to its June 15, 1969 Petition for reconsideration. In its supplement the Carrier alleged that on June 21, 1969 the town of Griffith, Indiana, had "trespassed em the Railroads-rights=of-waylsaMcwstrdeted a grade crossing at Pine Street, and unlawfully tampered with and moved the railroads' communication end signal wires thereat." The Carrier also alleged that the trespass bad been conducted "in secrecy without notice to the railroads."

 On July 22, 1969, the Organisation filed a grievance alleging a violation of the Scope Rule of the Agreement by reason of the electrical contractor raising a portion of the Carrier's signal pole line. By letter dated August 8, 1969, the Carrier responded that the work had been dame in the course of trespass against Carrier, that the work would have to be done over because of its failure to satisfy Carrier's standards, and that part had already been redone by Carrier. In its submission herein Carrier asserts that all of the signal work has been redone by signal employees. This statement is not contradicted anywhere in the record.

                ROLIMS ON PETITIONER'S COMENTION


The Petitioner contends that the Scope Rule clearly covers the work in dispute and that the Carrier failed to prove justification in permitting the disputed work to be performed by a private contractor.

 Be will not discuss or resolve theca contentions, for, on the record before us, the case moat be decided on another ground.

 On June 21 and/or 22, 1969 a contractor for the town of Griffith, Iadisan, entered upon Carrier's right-of-way and raised a portion of Carrier's signal pole line. The record indicates that Carrier thereafter promptly redid all of the work done by the contractor including installing new poles, using only its Signal Department Employees. In these circumstances we cannot find that the Agreement was violated.

        FMIZ?GS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;

                    Award Number 19430 page 3

                    Docket Number SG-19291


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 Diviaion of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                          RATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
      Executive Secretary


Dated at Chieagos Illinois, this 17th day of October 1972.