STATEMENT OF CLAIM: * * * for and in behalf of L. Flemister who is now, and for a number of years past has been, employed by The Pullman Company as a porter operating out of the Chicago Southern District.
Because The Pullman Company did, under date of July 19, 1946, take disciplinary action against Porter Flemister by giving him an actual suspension of three days on charges unproved; which action was unjust, unreasonable, and in abuse of the Company's discretion.
And further, for the record of Porter Flemister to be cleared of the charges in this case and for him to be reimbursed for the three days pay lost as a result of this unjust and unreasonable action.
OPINION OF BOARD: Based upon all the facts and circumstances in this particular case, the Board is not disposed to disturb the action of the Carrier.
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
That the evidence of record discloses no grounds for disturbing the action of the Carrier.