'' ~.' ' NATIONAL RAILROAD ADJUSTMENT BOARD
 Award Number 25094
 THIRD DIVISION Docket Number SG-24182


PARTIES TO DISPUTE:





Claim on behalf of Signal Maintainer A. H. Rogoski, Atlanta, Texas for forty-eight (48) at time and one half his straight time hourly rate of $1943.27 per month. Carrier violated the Scope Rule and Rule 62 of the current Signalmen's Agreement by allowing other than covered employees to install 'Railroad Crossing' signs and track signs on highway crossing signals.



Claim on behalf of Signal Maintainer A. H. Rogoski, Big Sandy, Texas for eight (8) hours at time and one half his straight time hourly rate $1943.27 per month. Carrier violated the Scope Rule and Rule 62 of the current Signalmen's Agreement by allowing other than covered employees to install 'Railroad Crossing' signs and track signs on highway crossing signals.

        (Carrier file No. K 315-186)"


OPINION OF BOARD: Claimants are employed in Carrier's Signal Department. During
 the week of November 18, 1979, employes of the Century Fence
 Company installed highway signs intended to warn motorists of a railroad crossing
 and to indicate the number of railroad tracks which the highway crosses at that
 particular location. The contractor installed such signs at six locations on the
 signal maintenance district assigned to one of the Claimants. On November 16,
 1979, employes of an unidentified contracting firm installed "Railroad Crossing"
 signs at one location on the signal maintenance district assigned to the other
 Claimant.

 Petitioner claims (without denial by the Carrier) that under the Agreement the work of installing highway crossing protective devices was reserved to the Carrier's Signal Employes. The Organization claims that in allowing the employes of Century Fence Company and the unidentified contracting firm to perform signal work, the Carrier violated the Agreement.

                                                  i`R c


                      Award Number 25094 Pa 4(01/ 1,9 1984

                      Docket Number SG-24182


\\\cE-8N'U& The record contains no probative evidence that the Carrier authorize or "allowed" the work in question to be performed by the employes of Century Fence or the unidentified contractor; the Carrier denies that it gave any permission or authority for the work. There is even some question as to Carrier's knowledge of the work till after the fact.

 This Board has considered a claim in Award Number 19595, wherein Referee Lieberman noted:

        "In Award No. 18626 we held:


        ... if any work was performed on Erie-Lackawanna property or equipment, it was performed without the consent or agreement of Erie-Lackawanna Railroad. Therefore, the burden of proof shifted to the Organization to disprove Carrier's contentions. The record is void of any such proof and it must be concluded that the Organization has failed to sustain its burden. To hold Carrier responsible for Monon's unauthorized act would place Carrier in an indefensible position. See Awards 9847, 10549, 12907, 14888, and 14889 among many others.


        We shall reaffirm the position which we have taken in a long line of cases that conduct of third parties which is not authorized by the Carrier cannot serve as a proper basis for claims such as in this case."


There is nothing presented in the consideration of the instant decision which in any meaningful way can serve to distinguish the rationale of the decision in this dispute from that in Award 19595. Accordingly, we conclude that the opinion reached in Award 19595 is hereby confirmed.

        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

        That the Agreement was not violated.


                        A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


`i 7~n'' 4 ~~ ~
 ATTEST: `Gc~UG~ G
              Nancy J. Dever - Executive Secretary f


              Dated at Chicago, Illinois, this 23rd day of October, 1984.