(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Chicago and North Western Transportation Company

 STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Chicago and North Western
 Transportation Company:

 (a) Carrier violated the current Agreement between the Brotherhood of Railroad Signalmen and the Company, especially that part contained in Circular Letter No. 1380 referring to ICC Signal Inspecti make various tests, inspections and records normally made by Leading Signalmen on test crew while te construction.

 (b) Carrier should now be required to compensate the holders of Ldr. Signalmen and signalmen on the test crew at their respective punitive rates of pay for all t continuing as long as this signal testing is required to be performed by signal maintainers and test men are engaged in other duties. This claim to cover all time spent by signal maintainer making regular signal relay or meggering_tests performed by test crew since their establishment July 19, 1940. /Carrier's file: 79-8-154/

 OPINION OF BOARD: The Petitioner's statement that the Carrier caused the
 work in dispute to be performed in the manner alleged
 is not denied. However, it is not shown that such performance occurred
 within the time period covered by the claim. Hence, the claim is hypo
 thetical and we do not decide such questions. Awards 14409, 16441, 20522.





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






                        By Order of Third Division


ATTEST: ~f~!~

        Executive Secretary Dated at Chicago, Illinois, this 16th day of January 1976.