Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29213
 THIRD DIVISION Docket No. SG-29399
 92-3-90-3-331
 The Third Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.

 (Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
 Brotherhood of Railroad Signalmen on the Southern
 Pacific Transportation Company (SPTC.WL)

 Claim on behalf of C. S. Richins, W. Lee, Jr. and J. 0. McArthur, to be compensated an amount equal to the man-hours worked or paid to the contractor and his forces, acc Agreement, as amended, particularly, the Scope Rule when it allowed or permitted a contractor to dig 766.9-767.8, between June 6 and 17, 1988." Carrier file SIG-152-465. BRS File Case No. 7909-SPTC.WL.

 FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

 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.

 This is a Scope Rule Claim involving work performed by an outside contractor between June 6, 1988, and June 17, 1988. During the period, the contractor operated two backhoes and one bulldozer to dig trenches and cover cable. It is this work that is being claimed by the Organization. The installation of the cable was
The Board has carefully reviewed the evidence properly before us, including the many Awards reli mainly note the Carrier's denial of December 30, 1988, when it in pertinent part stated:
 Form 1 Award No. 29213
 page 2 Docket No. SG-29399
 92-3-90-3-331
 "Contrary to your allegations, the Scope Rule of
 the Signalmen's Agreement was not violated due to
 the fact that there is nothing in the Scope Rule
 which provides for signalmen to operate either
 backhoes or caterpillars. Work of this nature
 performed by Sorenson Construction Company has not
 historically nor traditionally been work that has
 consistently been done by the Signalmen's Organi
 zation."

 The material statement was never rebutted by the Organization on the property and, therefore, stands as factual.






Attest:
        Nancy J er - Executive Secretary


Dated at Chicago, Illinois, this 7th day of May 1992.