-NATIONAL RAILROAD ADJUSTMENT BOARD
 Award Number 25445
 THIRD DIVISION Locket Number SG-24514




    PARTIES TO DISPUTE:

                  (Southern Pacific Transportation Company (Western Lines)


                  STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Southern Pacific Transportation Company (Western Lines):


    On behalf of Signal Foreman A. A. Perry, Leading Signalman J. C. Holmes, and Signalmen R. E. Wierema, H. D. Williams and M. M. Martignetti for eight hours' pay each, for each day January 6, 7, 8, 9 and 12, 1981, account contractor (Rosendin Electric Company) installing PVS conduit at Wolfe Road, Sunnyvale, California. [Carrier file: SIG 152-424]


    OPINION OF BOARD: On January 6, 7, 8, 9, 12, 1981, Rosendin Electric, Inc. (an

    outside contractor) performed work of trenching, backfilling,

    and placement of a new underground six-way conduit under Carrier's track. This

    work was done in conjunction with a joint project conducted by the City of Sunnyvale

    and Carrier to construct an overpass at Wolfe Road. The organization filed a claim

    on behalf of the Signalmen employed by Carrier at the location. It contended that

    Carrier had violated the Scope Rule of the Agreement and that the named Claimants

    should each be paid for eight hours on the days the contractor worked.


    The issue in this case is whether Carrier, by allowing a subcontractor to install the conduit within which Signal employes later installed signal circuits for grade crossing protection, was in violation of the Scope Rule of the Agreement and whether it is to pay compensation to Signalmen.


    This Board has reviewed the record and must conclude that Carrier should have used its employes to perform the disputed work but we can find no support in the record or in the Agreement to justify a payment to the Claimants.


          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 violated.

                    Award Number 25445 Page 2

                    Locket Number SG-24514

                    A W A R D


        Claim sustained in accordance with the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD


          ' By Order of Third Division


Attest.
        Nancy er - Executive Secretary


Dated at Chicago, Illinois, this 23rd day of may 1985.