Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28520
 THIRD DIVISION Docket No. SG-28271
 90-3-87-3-867
 The Third Division consisted of the regular members and in
 addition Referee John B. LaRocco when award was rendered.

PARTIES TO DISPUTE:





(a) Carrier violated the parties Communication Agreement, particularly Communication Scope Rule and 28; March 1, 5, 12, 14, 18, 19, 20 and 25; and April 1, 4, 5 and 12, 1986, Carrier called or otherwise allowed Signal Department employee P. H. Franzel to perform work accruing to Communication employees within the assigned territorial limits of C& 1816 (headquarters at Marlette, Michigan).

 (b) Carrier should now be required to compensate C&S Maintainer R. G. Robertson for a total of 43 3/4 hours at his punitive rate of pay of $19.89 per hour due to a loss of earning and work opportunities, such time and dates as follows:

 _Date Work Location Time Worked Total Hours
 Worked
 Feb. 26 M51, Ruth 8:30 - 10:30 PM 2
 Feb. 28 Fairgrove, MI 1:00 - 4:30 AM 3 1/2
 March 1 Wadham Road 4:30 - 7:30 FM 3
 March 5 MI Ave.SRiver Rd. 5:30 - 9:45 PM 4 1/4
 March 12 Harbor Beach 6:30 - 9:00 PM 2 1/2
 March 14 Dover Rd. 7:00 to 10:30 PM 3 1/2
 Maryville
 March 18 Maryville, M24 12:30 - 3:30 AM 3
 March 19 Maryville, MI Ave. 12:30 - 3:30 AM 3
 March 20 Maryville, MI Ave. 5:15 - 7:30 AM 2 1/4
 March 25 Port Huron 11:20 PM - 2:20 AM 3
 April 1 Elkton 2:20 - 5:20 PM 3
 April 4 Elkton 4:30 - 8:15 PM 3 3/4
 April 5 Maryville 7:30 - 11:30 AM 4
 April 12 Fairgrove 12:45 - 3:45 AM 3
 Grand Total Hours 43 3/4"

 FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
 Form 1 Award No. 28520
 Page 2 Docket No. SG-28271
 90-3-87-3-867

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

 Parties to said dispute waived right of appearance at hearing thereon.

 According to the Organization, the Carrier improperly called a Signal Maintainer with Signal Maintenance Unit Force 1642 to perform overtime work belonging exclusively to communication employees on fourteen dates between February 26, 1986 and April 12, 1986. The Organization charges that the Carrier violated Rules 1, 10 1982 Communications Agreement.



On each claim date, the Carrier first called the Communication and Signal Maintainer covering the particular territory, either Force 1814 or Force 1816, to repair signal malfunctions. After learning that the regularly assigned Communication and Signal Maintainer was unavailable, the Carrier called a Signal Maintainer from Force 1642.

 The Carrier fully complied with Rule 208 when it initially called the regularly assigned Communication and Signal Maintainer to repair signal line problems. Rule 208 is silent concerning who is to be called when the regularly assigned Communicatio applicable territory nor demonstrated a past practice of calling a Signal Maintainer-Lineman to perform the disputed work. Addendum 11, which refers solely to communication and signal maintainer positions rather than signal work, only provides that certain signal functions on designated territories will be performed by Communication and Signal Maintainers until the positions are converted to signal positions. There is nothing in Addendum 11 that requires the Carrier to call overtime service to repair a signal problem.

 Inasmuch as this Board is denying this claim, we need not address the Carrier's argument that Claimant, a Communication Maintainer-Lineman (Force 1815) at Saginaw, Michigan, held no right to work on the territories where the signal malfunctions arose.
 Form 1 Award No. 28520
 Page 3 Docket No. SG-28271
 90-3-87-3-867




                          By Order of Third Division


Attest:
        Nancy J ever - Executive Secretary


Dated at Chicago, Illinois, this 28th day of August 1990.