Robert M. O'Brien, Referee


          (Brotherhood of Railroad Signalmen

          PARTIES TO DISPUTE:

          (Southern Pacific Company (Pacific Lines)


                      STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Southern Pacific Company that:


          (a) The Southern Pacific Company violates the current Signalmen's Agreement dated April 1, 1947 fails and/or declines to apply the Scope Rule, which results in violation of Rule 70, by assigning the generally recognized signal work of maintenance of switch heaters to employes not covered by the Signalmen's Agreement.


          (b) Mr. G. M, Nisle be allowed eight (8) hours at his Signal Maintainer rate of pay for each calendar week that the Carrier continues to violate the agreement as shown in p File: SIC 152-1.97)


          OPINION OF BOARD: The dispute arose when Carrier assigned other than signal em

          ployes to maintain switch heaters at various locations on its

          property.


          The parties, the issues and the applicable Rules are identical to those

          present in Award 19506, and for the reasons stated therein the claim will

          be denied.


          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:

    i


          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 40A. Jet By Order of Third Division


          ATTEST;

                Executive Secretary


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

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