(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (The Atchison, Topeka and Santa Fe Railway ( Company - Coast Lines -

 STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
 of Railroad Signalmen on the Atchison, Topeka and
 Santa Fe Railway Company that:

 (a) The Company violated the current Signalmen's Agreement, as amended, particularly the Scope when it arranged for and/or otherwise permitted the Granite Stold construct dirt fills for the locating of signal equipment apparatus between M. P. 1121.5 and 1122.5, on October 6 and 7, 1970.

 (b) Signalman W. Messer, assigned to L. R. Thomson's Signal Gang, Valley Division, be paid sixteen (16) hours at his pro rata rate for time spent by the above named outside contractor building signal location dirt fills. /Carrier's File: 132-57-27/

 OPINION OF BOARD: Petioner claims that the Carrier violated the Agree
 ment when on October 6 and 7, 1970 an outside con
 tractor, Granite Stoldte Construction Company, constructed dirt fills
 upon which signal equipment was to be placed, over an area of about a
 mile. The Organization contends that the work of building dirt fills
 for signal equipment is covered by the Scope Rule of the Agreement,
 which reads as follows:



                  Docket Number SG-19987


The Organization states that the Scope Rule above clearly and unequivocally covers the construction and installation of Signal equipment and all their appurtenances - the last phrase covering construction of dirt fills. "other work generally recognized as signal work" as being relevant to this claim. The only evidentiary material submitted by Petitioner was in conjunction with the reb this Board, and, as the parties know full well, was not considered on the property and hence will not be given credence in our consideration.

 Since the Scope Rule herein is a general rule, without all the specific components of the work spelled out, we must go to the conduct of the parties to determine whether or not the covered employer have exclusive rights to the were many instances in which similar dirt fills were built by either outside contractors or other crafts and cited seven specific instances over a twelve year period, an not denying the instances cited by Carrier, insisted that:

        "Building the dirt fills for the placement of signal equipment has historically been the work of signal employees covered under Article I of the Signalme A~erait and is sack covered by the Scope Brie of the Signalman' s Agreement."


        Although Petitioner has alleged the existence of a historic


practice reserving the work is question .=l"sivaly to Signalmen, no evidence shatever in support of this allegation was presented.
 In Award 17061, involving the same parties and agreement, but different
 waxk contracted oat, se said:

        "Therefore, inasmuck as the Scope Bull is void of specific latopeaga clewriy showing as intent to assign, the work in question exclusively to Signal Department employes, and having failed to prove by oust=, tradition and past practice that such specific work has been exclusively reserve and performed systemwide by Signal Department employes, we oust deny this claim."


Similarly is the ease before as, the conduct of the parries dome not support the hypothesis that the wa~ck is wither as "appstaaasce or appliance" as those term rise used in the Scope Rule, or is"gesxrally rated as Signal Work." Ho logical i-lsslon of such work as part of the install ion of signal equipment or their appartanswas has been establisiri. ss met decoy the claim hanasin.
              Award Number 20336 Page 3

              Docket Number SG-19987


        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 Employe the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
        That the Agreement was not violated.


                  A Id A R D


        Claim denied.


                      NATIONAL RATLROAD ARTTMINTT7>m nnARn

                      By Order of Third Division


        ATTEST:~ ~,j' , Executive Secretary


        Dated at Chicago, Illinois, this 31st day of July, 1974.