(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the former Illinois Central Railroad:

 (a) Carrier violated the Signalmen's Agreement, particularly the Scope, when forces - L. E. Myers Construction Company - were used to replace Carrier's signal pole line in underground cable through Kankakee, Illinois.

 (b) Carrier should pay to its employes assigned to Illinois Division Signal Gang No. 306, namely: Foreman R. J. Vadbunker, Signalman W. D. Workman, Assistant Si Henderson, and W. D. Boudreau, including other employes, if any, assigned to this gang whose names are inadvertently omitted or other employes who may be assigned to this gang at a later date during claim period, for an amount of time equal to the time worked by forces not represented by the Brotherhood of Railroad Signalmen. Claim commencing July 17, 1972 and continuing until the violation is stopped or the work has been completed. (Carrier's File: 135-241-175 Spl. Case No. 280 Sig.)

 OPINION OF BOARD: The instant claim alleges a violation of the Scope
 Rile of the Signalmen's Agreement when, in July 1972, the Carrier permitted Commonwealth Edison Company to install a pole power line on Carrier's right of way. Since the power line would have caused electrical interference with Carrier's signal and communication lines, Commonwealth Edison purchased and installed an underground inductively shielded cable to house Carrier's signal lines; using an outside contractor, L. E. Myers Constructio During the project no work was done on Carrier poles or lines and, upon completion of the project, signal employees of the Carrier, including Claimants, connected the underground cable to the power source, and signal house. Based upon the foregoing, Claimants suggest that the Scope Rule was violated because other than Carrier's signal employees installed the underground cable which Commonwealth Edison subsequently turned over to Carrier.


          Carrier herein argues that the work in question was solely for the account of and at the expense of the Power Company who contracted out the work. Petitioner asserts that the work in question is reserved exclusively to Claimants by the express language of the Scope Rule.


          We have studied the record, the Agreement, and Awards cited by each of the parties in support of respective positions. Upon careful analysis we are convinced that the instant claim is virtually "on all fours" with matters resolved in our denial Awards 20156, 20280 and 20529 and should likewise be denied.


                We stated in Award 20156 as follows:


                "..In a long series of Awards going back to 1951, we have held consistently that work which is not for the exclusive benefit of Carrier and not within Carrier's control may be contracted out without violation of the Scope Rule (See for example Awards 5246, 6499, 13745 and 19718)..."


          Inasmuch as the work in the instant case was not for the benefit of Carrier, not performed at its instigation, not at its expense nor under its direction and control, we must conclude that its performance did not violate the Scope Rule of the Signalmen's Agreement. See Award No. 2 of Public Law Board No. 747; and Third Division Awards 20280, 20529, et al cited supra. Accordingly the instant claim must 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 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: ~ J

          Executive Secretary

          Dated at Chicago, Illinois, this 21st day of March 1975.


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