STATEMENT OF' CLAIM: Claim of the Joint Council Dining Car Employes, Local 370 on the property of the New York Central System, (Line East) for and on behalf of Mr. Sylvester Salter, Waiter-in-Charge, Mr.-George King, Chef, and Mr. William S. Sullivan Waiter, each of them employes in the Dining Car Department of the New York Central System, to have their records cleared of the charge of "mishandling guests checks on R.L. 495, train advance No. $k2, August 7, 1945;" and "Serving guests without checks on R.L. 495, train 90, August 7, 1945, and for compensation to the extent each of them may have suffered.
OPINION OF BOARD: This is a claim to have the records of three employes cleared of the charge of mishandling guest checks and serving guests without meal checks. It also seeks compensation to the extent each of three claimants suffered.
The decision of the Superintendent was that claimants were given the benefit of the doubt, but warned in regard to their responsibilty in carrying out instructions with relation to the proper handling of checks.
As the Superintendent gave them the benefit of the doubt and simply warned them, the Board understands no discipline was imposed, and as the record discloses claimants suffered no loss of compensation, the claim should be dismissed.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
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