(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Toledo, Peoria & Western Railroad Company

 STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
 of Railroad Signalmen on the Toledo, Peoria &
 Western Railroad Company:

 On behalf of Signal Maintainer Kenneth C. Carl for 2.67 hours at the overtime rate account not being called the night of may 2, 1977, to change radios on units 1000 and 902 (work was performed by TP&W train crew)."

 OPINION OF BOARD: On April 1, 1976, this Carrier acquired from the
 estate of the Penn Central Corporation approxi
 mately fifty-five (55) miles of main line and other trackage from
 Effner, Indiana to Kenneth, Indiana. Also included in this package
 was trackage rights over the newly formed Consolidated Rail Corporation
 from Kenneth, Indiana to Logansport, Indiana, approximately six (6)
 miles. Both acquisitions were made pursuant to the Regional Rail
 Reorganization Act of 1973.

 Carrier and Conrail entered into an agreement conveying the property and granting the joint trackage rights agreement. Among the matters germane to the facts of this case is that Conrail agreed to perform necessary servicing and running repairs to Carrier's locomotives and cabooses while they were on Conrail's property at Logansport.

 On May 2, 1977, the claim date, radios on TP&W locomotives 1000 and 902 were defective and changed at Logansport. However, contrary to the terms of the operating agreement, Carrier's own train crews changed out the radios on these two locomotives. A claim was filed by the Signalmen's Organization, and it is before us.

 Petitioner argues that Carrier could not enter into an agreement which would remove this work from the scope of the agreement, and argues that previously, Carrier has sent TP&W signalmen onto the


property of Conrail to perform this work. Carrier, while not denying this has happened, argues that notwithstanding the foregoing, the joint agreement with Conrail makes this work of Conrail employes. However, Carrier does not argue that when work of this nature is performed on their own property, the work does not belong to Signalmen.

 This Board has oftentimes looked with approval at such joint operating and joint facilities agreements and arrangements, recognizing that the owning railroad has the right to insist that work being performed on their property should be performed by their employes and not the employes of the visiting railroad. We see nothing wrong with the Agreement entered into here, and note the following findings of Award 407 of Special Board of Adjustment 570:

        "The evidence in the record shows, without serious contradiction, that it has been an operating practice not only between the C&0 and B&0, but in the industry generally, that necessary runes repairs are performed

        ' by the carrier on whose property the equipment is being operated."


In this case, however, the problem is that notwithstanding Conrail's contractual right to perform the work, it was performed by employes of Respondent Carrier. Since there was no dispute that if work of this nature is performed by the TP&W, it is performed by Signalmen, we must conclude that, as Petitioner has pointed out, it should have been performed by Claimant. We therefore find that, under these unusual facts and circumstances, Claimant's contractual rights were violated and we will sustain the claim.

        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
                    Award Number 22278 Page 3

                    Docket Number SG-22303


        That the Agreement was violated.


                    A W A E D


        Claim sustained.


                        NATIO'TAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: 449 A/
        Executive Secretary


Dated at Chicago, Illinois, this 12th day of January 1979.