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

          of Railroad Signlamen on the Western Maryland Railway Company that:


          (a) Carrier has violated the Signalmen's Agreement, particularly the Scope, when, on or about De relay instrument case was installed and placed in service at crossing protection location at Apples Church Road, Thurmont, Maryland.


          (b) The following Signal and Communications Mechanics who installed the case now be allowed an amount of time equal to that consumed by persons not classified Agreement, in performing the factory wiring of the relay instrument case at issue. Such payment to be at their individual applicable rate of pay.


                Claimants: A. C. Williams E. V. Williams

                        C. L. Balthus R= A. Stottlemyer

                        LBRS Case No. 3-1971/


          OPINION OF BOARD: Carrier purchased a factory assembled highway

          crossing protection device from the Westinghouse

          Air Brake Company in order to provide flasher light protection at a

          crossing at Thurmont, Maryland. The device consisted of a relay in

          strument case and two flasher light signals. When the device was

          received it was installed on or about December 18, 1970 by Carrier

          employes in the Signalmen's craft.


          Petitioner takes the position that employes covered by the Agreement should have been used to "fit up and wire the relay instrument case" under the provisions provisions of that rule state:


                              "SCOPE


This agreement covers rates of pay, hours of service and working conditions of all employees classified in Article I of this agreement, either in the shop or in the field, engaged in the work of construction, installation, inspecting, testing~maintenance, repair, and painting of: I
                  Award Number 2041+ Page 2

                  Docket Number SG-=)079


        "(a) Signals including electric locks, relays and all other apparatus considered as part of the signal system, excluding signal bridges, cantilevers, switch targets, road crossing warning signs, station mile signs, whistle signs, speed signs, and such other fixed signals that are not now maintained by signal forces.


        (c) Highway crossing protection devices electrically controlled, but excluding traffic lights where local regulations would require installation and maintenance by other than Railway Company employees.


        (1) The mounting and wiring of signal apparatus in a field instrument case or housing, but excluding such assemblies as can be universally used and be normally f,.zrnished by a manufacturer without the Carrier supp_-·ing specific plans.


        (m) All other work generally recognized as signal work."


The Organization argues that the wiring of the relay instrument case in question does not come w paragraph (1) of the Scope Rule. This contention is based on Carrier's purchase order entirely. It i package in this case was not standard, cannot be universally used and was substantially modified by Carrier's purchase order specifications.

 Carrier asserts that the instrument case is a standard catalogue item with standard wiring and ordered by number. Carrier states that there are a series of optional features which can be furnished with the standard stock p this case. Carrier also states that the term "circuit plans to be furnished" in the purchase order was apparently misconstrued by Petitioner since Carrier always requests vendors to furnish circuit plans when ordering flasher protection cases. Carrier further stz-as that the flasher unit involved could be used by any railroad at a similar type of crossing: a main track and two sidings.

 The issue herein, involving Carrier's right to purchase fully wired and assembled signal apparatus, has been dealt with by this Board in many prior Awards.. Awards 5044, 7833, 7965, 9604 and 11792 support Carrier's position that management has the right to
                  Award Number 20414 Page 3

                  Docket Number SG-20079


purchase manufactured signal equipment without violating the Scope Rule. However, in the case before us the Scope Rule is unique in the provisions of section (1) and must be examined per se. Nevertheless, as Carrier pointed out, the same parties (but with a different type of crossing and a different type of unit) was dealt with by this Board in Award 15577. In our denial decision in that dispute we said:

        "The equipment in question could be universally used at crossings of the type involved here. We therefore find that the Carrier has not violated the Scope Rule of the Agreement.


        The Signal Employes did not obtain jurisdiction over the equipment until it was delivered to the Carrier."


In the instant case we are not persuaded that the unit was custom made and not "universally used". The purchase order specififications are not by any means pla the custom wiring of a signal unit; modifications of a standard unit are not basic plans. There is no evidence in the record of this dispute on the property which in any unit was not universally applicable to similar types of crossings.

 In addition to the reasoning above, we have long held that we are not justified in readjudicating an issue, particularly involving the same parties and agreeme a matter of sound policy we shall adhere to the doctrine of res Judicata.

        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 Employee involved in this dispute are respectively Carrier and Employes 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 Claim herein is barred on the basis of res iudicata.

_~. Award Number 20414 Page 4
 Docket Number SG-20079

        Claim dismissed


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 27th day of September 1974.