(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Atchison, Topeka and Santa Fe Railway Company ( - Western Lines -

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

 (1) The Carrier violated the Agreement when it assigned or otherwise permitted Terminal Carpenter Earl Renfro and Engineering Department Employe 11, M. Baker to install overlay panels on signs on the Southern Division beginning on or about July 23, 1968 (System File 130-155-A-1).

 (2) B&B Painters George Hintz, Henry Renken, M. L. Argabright, M. G. Jones, L. P. Fowler and It. J. Roberts each be. allowed an additional 2-2/3 hours of straight time pay for each day of the violation described in Part (1) above.

 OPINION OF BOARD: On or about July 23, 1968 Carrier "assigned or otherwise
 permitted" Terminal Carpenter Earl Renfro and Engineering
 Department Employe H. M. Baker to install overlay panels on signs on the Southern
 Division of Atchison, Topeka and Santa Fe Railway System,

 Claimants, as B&B painters, maintain that Carrier violated the agreements in that this work should have been assigned to them. They cite Award No, 13304 which states that "roadway signs ....have historically been installed, maintained and painted by B&B painters."

 Carrier contends that the only work involved in this dispute was the securing, by screws or bolts on overlay panels on already existing signs; that no painting of any kind was performed; that this work was not the exclusive right of B&B painters, and therefore the agreements were not violated,

 In response to this contention Claimants point out that "the application of overlay panel of roadway signs and that such a change in the method of performing this work does not change the character thereof."

 The Board is of the opinion that Award No. 10369 (which follows the reasoning in previous Award states:



In view of the decisions in these previous Awards we believe that in this instance this work properly belonged to Claimants and that Carrier did violate the terms of the Foreman's and Laborer's Agreement.
However, Carrier contends that Claimant L.P. Fowler "is not a proper claimant as he has relinquished his rights in the B&B Department in order to remain in the Track Department", and that on July 23 and 24, 1968, the dates this work was performed, Mr . Fowler worked as a trackman in the Track Department.

 Carrier also contends that Claimant 11. J. Roberts "ceased working in the B&B Department and commenced working in the Water Services Department as a plumber effective September 26, 1967"; that he performed such work on the dates in question, and therefore he :, not a proper claimant,

 These allegations are not denied, it is the opinion of the Board that L. P. Fowler and J. 1(. Roberts are not proper claimants. and that the claim on their behalf should be denied.

        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 D?vision of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was violated in accordance with the Opinion.


                    A W A R D


        Claim sustained to the extent indicated in the Opinion and Findings.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        ATTEST: Executive Secretary


Dated at Chicago, Illinois, this 27th day of July 1973.