"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the CSX Transportation Company (C&O-PM):

Claim on behalf of T.D. Davis for payment of ten hours at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used a contractor to install warning signs with phone numbers at ten highway crossing locations on the C&O Pere Marquette District. Carrier's File No. 15(98-153). General Chairman's File No. 98-44-PM. BRS File Case No. 10807-C&O-PM."

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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 were given due notice of hearing thereon.

The claim in this case is similar to the claim in Third Division Award 35039. The parties are the same and the arguments similar. For the reasons set forth therein this claim is denied.

We find no basis in the present record that would support a different result in this essentially identical case. Accordingly, for all of the reasons set forth in Third Division Award 35039, supra, this claim likewise is denied. See also Third Division Awards 35040, 35041, 35042, 35043, 35044 and 35045.

AWARD