(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:
              (Southern Railway Company


STATMT OF CLA1141: "Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Southern Railway Compaaya et al.:

 (a) Carrier has and is continuing to violate the Scope Rule of the Signalmea's Agreements when they permit employees not covered by the Sigaal.mea's Agreement to iaspectj, test and maiataia two crossing signals at Luellnp Georgia at mile Post 7.0 and Mile post 6.19 that is part of the southern Railway company.

 (b) Carrier now be required to compensate Signal. Maintainer L. G. In liss or his successors an amount equal to sixteen (16) hours overtime each mouth, for work he is denied account of not being allowed to maintain two crossing signals at Luellss Georgia and because the crossing signals are being maintained by scsxone not cover Site's Agreement.

 (c) Claim is to be retroactive 6o days from this date vans is to continue for as long as this Agreement violation continues."

 (General Chairman file: SR-174. Carrier file: SG-463)

 Vuly 25s 1980.

 OPINION CP BOARD: This dispute arose concerning an assertion that the Carrier
 assigned and/or permitted officials who are not classified in. or covered by the organization's Agreement to do certain work of inspections testing, and maintaining of highway-railroad grade crossing signals.

 The Carrier has demonstrated in the record that the I.C.C. granted the Carrier's request for discontiavnaces of operation over the segment of the line in question and that the crossing signals are on a section of trackage which is not covered by any Agreement; and certainly not by the Southern Railway Company.

 Oar review of the record demonstrates that the Agreement before us does not cover the Employee in question and accordingly we will dismiss the case far failure to state a claim.

 FINDINGS: The Third Division of the Adjustment Boards after giving the parties
 to this dispute due notice of bearing thereon., and upon the whole
 record and all the evidences finds and holds:

 That the Carrier and the Employes involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Acts, as approved June 21,, 1934;
                        Award Number 24376 Page 2

                      Docket Number SG-24295


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the claim is barred.


                        A X A R D


        Claim dismissed.


                          NATIONAL RAILROAD AIUUSTBT BOARD

                          By Order of Third Division


ATTEST: Acting Executive Secretary
 Rational Railroad Adjustment Board

 By
 Rosmarie Brasch - nistrative ssistant

 Dated at Chicago, Illinois, this 13th day of May 1983.

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