(1) Carrier violated the provisions of Rule 1, 2, 6(a) and 49(a) of the effective Clerical Agreement when it contracted for the use of a person in the employ of an employment contractor to perform the duties of the Stenographer position at Shoreham, Minnesota, on December 6, 7, 8, 9, 10 and 13, 1976.


    (2) Claimant, John E. Harry, shall now be compensated at the rate of time and one-half for 612 hours at the Stenographer's rate for each date, December 6, 7, 8, 9, 10 and 13, 1976, for this violation of the effective Clerical Agreement.


    OPINION OF HOARD: There appears to be no question that on the claim

    dates, the Carrier utilized the services of an

    employment contractor who provided an individual to perform clerical

    work when the regularly assigned stenographer was away from work due to

    illness. That activity violated certain provisions of the agreement

    between the parties; which violation has been acknowledged by Carrier,

    who has offered to resolve the matter by paying the claim at the

    straight-time rate.


    The Organization has continued to press for time and onehalf payments and the only issue before or not the claim should be paid at the overtime or straight-time rate.


_ In his presentation here, Claimant has demonstrated that he_--__-___-_
 wes entitled to be called to perform the work improperly performed by
    the outside source. Under those circumstances, we are inclined to sustain the claim. This issue has been before this Board (straight-time

    rates as opposed to time and one-half rates) on a number of occasions. -

    We have held that it is appropriate to= payment at time and one-half

    rat-es-3the emplaye have been cated at that rate had he

    or she been used to perform the work involved in the claim. See, for

    example, Awards 21767, 21707, 20413 and 19947.

                  Award Number 22569 Page 2

                  Docket Number CL-22578


        We find nothing of record to persuade us to alter the above ~/-'~--r

cited authorities and thus, we will sustain the claim for payment at the
 time and one-half rate.

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


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the agreement was violated.


                  A W A R D


        Claim sustained.


                        NATIONAL RAILROAD ADJUSTMM BOARD

                        By Order of Third Division


        ATTEST: Mxecutive Secretary


Dated at Chicago, Illinois, this 16th day of October 1979.