(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

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

(a) The Southern Pacific Company violated the current Signalmen's Agreement, effective April 1, it failed and/or declined to apply the Scope Rule, which resulted in the violation of Rule 70, on May 17 and 18, 1965, by assigning recognized signal work to employes not covered by the agreement.

 (b) Mr. F. P. Rasco, senior furloughed Signalman on the Rio Grande Division, be allowed six (6) 1965, at the straight time race of Sig 11man. (Carrier's File: SIG 152-183)

 OPINION OF BOARD: 1. The construction of earth mounds that are used as bases
 for hot box detectors is not, according to the record here, exclusively the work of signalmen on this cirrier.

 2. The fact that earth mounds were used as bases for hot box detectors is not sufficient causal connection to make them subject to the Signalmen's agreement.

 3. Unless reserved by practice or by the scope rule, the management may assign such work according to its best judgment.

 4. Neither the scope rule, nor practice, reserves this construction work to signalmen.

 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 ail the evidence, finds and holds:

 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 Agreement was not violated.


                      A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of October 1972.

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