(Brotherhood of Railroad Signalmen
 PARTIES TO DISPUTE:
 (Southern Pacific Transportation Company
 ( (Pacific Lines)





the current agreement between the (Former Pacific Electric Railway
 Company) and its employes represented by the Brotherhood of Railroad
 Signalmen, effective September 1, 1949 (including revisions)
 particularly the scope rule, the Memorandum of Agreement between the
 Southern Pacific Company and Pacific Electric Railway Company regarding
 signal work on the Harbor Belt Railroad and past practice, when it
 allowed employes of or subcontracted by the J. A. Placek Construction
 Company to perform work belonging to the former Pacific Electric
 Railway Signal Department Employees.
their respective pro-rata rates for the following dates:
 Messrs:
 R. Minard December 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18,
R. Jaramillo 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18,
J. Jaramillo 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18,
 19, 22,-1975
 L. House " 2, 3, 4$ , 8, 9, 10, 11, 12, 15, 16, 17, 18,
 19, 22,-1975
 L. Dillard 2, 3, 4$ , 8, 9, 10, 11, 12, 15, 16, 17, 18,
 19, 22,-1975
 G. Ochoa " 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18,
 19, 22,-1975
 T. Collier " 18, 19, and 22,-1975
 R. Fry " 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18,
 19, 22,-1975

                    Docket Number SG-22150

                    Claim No. 2


"(a) The Southern Pacific Transportation Company violated the Agreement between the (former Pacific Electric Railway Company) and its Employes represented by the Brotherhood of Railroad Signalmen, effective September 1, 1949 (including revisions) particularly the Scope Rule and also violated the Memorandum of Agreement between the Southern Pacific Company and the Pacific Electric Railway regarding the Harbor Belt Railroad, when it allowed employes belonging to and/or subcontracted by the P. A. Placek Construction Company to perform work belonging to the Bonder and Welder.

 (b) That Messers, L. Sirus, A. Lozano, H. Garcia and G. Bozaan be allowed ten (10) hours at the time and one half rate, each, for December 20, 1975."

        /Carrier file: SIG 152-360/


OPINION OF BOARD: The Petitioner in this case complains of work on
 the Harbor Belt Railroad being allotted to other
 than Signal employes of the former Pacific Electric Railway Company.
 Petitioner asserts that such work assignment was a violation of the
 Agreement between it and the latter company. No agreement between
 Petitioner and Harbor Belt is shown.

 The Respondent Carrier in this dispute has shown that while work of the type in question has been performed by its employes on the Harbor Belt, Harbor Belt at all times retained control of work on its property.

 It follows that Respondent is not responsible for the act complained of and that this 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;
                    Award Number 2222$ Page 3

                    Docket Number SG-22150


That this Division of the Adjustment Board has jurisdiction aver 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: 1.07~ /We
        Executive Secretary


Dated at Chicago, Illinois, this 15th day of November 1978.