(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Southern Pacific Company (Pacific Lines)

(a) The Southern Pacific Company violated the current Signalmen's Agreement, effective April 1, 1947 and reprinted April 1, 1958, (including revisions), when it failed and/or declined to apply the Scope Rule which resulted in the violation of Rule 70, when it assigns the work of maintaining, inspecting, testing and repairing part of the hot box detector systems located west of Tucumcari, New Mexico to our Agreement.

 (b) That Mr. E. F. Yandell be allowed an equivalent amount of time as that used by employee who are not covered by the Signalmen's Agreement in performing the assigned wo
(c) That this claim continue, and apply to any employee succeeding the claimant in paragraph (b) above, on assignment of Signal Maintainer at Tucumcari, New Mexico, until the violation mentioned in paragraph (a) above ceases. (Carrier's File: SIG 152-22
OPINION OF BOARD: The work involved in this dispute is identical to that in
 volved in Award No. 14279. The dispute resolved by Award
 No. 14279 was governed by the parties' Scope Rule in their 1947 Agreement. That
 Rule was revised in 1963, but insofar as the present work is concerned, we note
 no specific language to overturn Award No. 14279, neither do we find that award
 to be palpable error.

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 the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved .June 21, 1934;

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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 April 1973.

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