(Brotherhood of Railroad Signalmen
 PARTIES TO DISPUTE:
 (Illinois Central Gulf Railroad


On behalf of Foreman G. E. Roberts, Signalmen G. A. Peets, J. X. Smith, A. C. Thompson and J. B. Walker, Signal Gang 0010, account the company did not use the gang to perform work at various streets in Brookhaven, Mississippi (the company paid Deviney Construction Company $1,716.50 to dig under or through these streets.)" .(Carrier file: 135-241-208 Case No. 370 Sig.)
OPINION OF BOARD: This is a claim in reference to certain under-street
 boring work involved in installation of railroad warning
 systems which the Carrier assigned to a subcontractor instead of employes
 represented by the Organization. The Organization claims that this work
 should have been assigned to employes it represents, based on provisions of
 the Scope Rule which reads in pertinent part as follows:










                      Locket Number SG-24434


        (h) No employee or person other than those covered by this agreement shall be permitted or required to perform any work covered by this agreement."


The Organization also relies on Rule 39, which reads as follows:
        'TOOLS


        The Company will furnish the employees such tools, except pocket tools (pliers, screwdrivers, rulers, pocket-knives), and equipment as is necessary to perform their work."


The Organization may not be faulted for claiming violation of the Scope Rule where work performed by others is unambiguously specified therein. The Carrier, however, argues that the subcontracted work could not be performed with equipment available to the Carrier and that the work of "boring· is not among those tasks specified in the Scope Rule.
        The Carrier. argued without contradiction that the boring work in

question required the use of four and six-inch pipe under the streets, but
 that the Signal Department "did not have the facilities to push pipe larger
 than two inches in diameter". Larger pipe, again according to uncontradicted
 Carrier statement, requires "specialized equ4p ment ... including a two7inch
 water pump and an air compressor with a jack hammer ·.
In response to this, the Organization relied on Rule 39 which provides that ·The company will furnish the employees such ... equipment as is necessary to perform their work (emphasis added).·
The Board does not agree that Rule 39 requires the Carrier to obtain equipment for larger-size borings. *Boring· work is not one of the many activities specified in the Scope Rule. The Carrier cites six previous instances in which similar subcontracting was undertaken, without subsequent dispute. The Board concurs with the Organization that ·the agreement is superior to practice". To repeat, however, the ·agreement" in this case -- while otherwise quite precise -- makes no reference to the specific task of "boring".
        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 Employe 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.

            Award Number 24538 page 3

                      Locket No. SG-24434

                      A W A R D


        Claim denied.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST:
        Nancy ;J DevAr - Executive Secretary


Dated at Chicago, Illinois, this 19th day of October, 1983.