NATIONAL RAILROAD ADJUSTMENT BOARD
 Form 1 THIRD DIVISION
 Award No. 31562
 Docket No. MW-31023
 96-3-92-3-929

 The Third Division consisted of the regular members and in addition Referee Robert Richter when award was rendered.
PARTIES TO DISPUTE:

                    STATEMENT OF .LC AIM: "Claim of the System Committee of the Brotherhood that:


      (1) The Agreement was violated when the Carrier assigned an employe of an outside concern (Pacer Trucking) to haul signal equipment (two signal houses) from the Houston Signal Shop to the Miller yard at Dallas, Texas on November 12, 1991 (System File MW-92-14/MofW 152-1194 SPE).


      (2) The Agreement was further violated when the carrier failed to give the general Chairman proper advance written notice of its intention to contract out the work in question in accordance with Article 36.


      (3) As a consequence of the violations referred to in either Parts (1) and/or (2) above, Heavy Duty truck Driver D. D. Baker shall be compensated for eight (8) hours' pay at his pro rata straight time rate."


FINDINGS:
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.

 Ibis Division of the Adjustment Board has jurisdiction over the dispute involved herein.
 Form 1 Award No. 31562
 Page 2 Docket No. MW-31023

                                              96-3-92-3-929


      Parties to said dispute waived right of appearance at hearing thereon.


In Third Division Awards 31260 and 31266 involving the same parties in a like dispute the Board found the Agreement was violated, and the claims were sustained.


After a thorough review of the record in the instant case we find no basis to overturn the above mentioned Awards.


In this case the Carrier makes the additional argument that the claimant was fully employed, and as such is not entitled to a monetary award. However, we are persuaded that the circumstances exist which make a damage award appropriate. Refusing to make a monetary award would, in effect, condone the Carrier's violation.


                        AWARD


      Claim sustained.


                        QRDER


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.


                        NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


                        Dated at Chicago, Illinois, this 25th day of July 1996.