Claim on behalf of S. Chapman, for payment of eight (8) hours pay, at his punitive rate of pay, account of Carrier violated the current Signalmen's Agreement, as amended, particularly, the Scope Rule, when it allowed or permitted the Wise County Co-op, to install and construct a meter loop." Carrier's File No. SI 90-10-29A. GC File No. FWD-37-90. BRS File Case No. 8524.BN.

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.

The Organization argues that its agreement was violated when a contractor installed a pole and meter loop on carrier owned property. Carrier maintains that it contracted with an electrical Co-op to provide power to a new signal at MP 71.4, and that the Coop requires that its employees do socket. Carrier's contention was disputed by the organization's General Chairman, when he advised the Carrier that he had personally contacted the Co-op and was tol furnish the pole and meter loop to its customers and that it would have provided power to a Carrier installed pole and meter loop.

The second sentence of Rule 1 B, provides:

"Install electrical meter loops, lights and outlets in areas where licensed electricians are not required."

This language would seem to reserve the installation of poles and meter loops, located on carrier property when used to provide power to various signal systems, to signalmen, if the services of a licensed electrician were not necessary. The organization has submitted evidence that the Co-op would provide power to a pole and meter loop installed by Carrier's employees. This evidence has not been refuted. The Claim has merit. It will be sustained.

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