Claim on behalf of M.E. Giger et al, for payment of 43 hours each at their respective punitive rates of pay account of Carrier violated the current Signalmen's Agreement, as amended, particularly the Scope Rule, when it allowed or permitted Carrier officers to perform signal work." Carrier's File No. 890773. BRS Case No. 8215-UP.

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 employe 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.

While the dates in this Claim are different, the Board finds that the underlying issue is the same presented in Third Division Award 29821. For the reasons set forth in Award 29821, the claim here will be denied.

A W A R D