STATEMENT OF CLAIM: * * * for and in behalf of R. B. Taylor who is now, and for some time past has been, employed by The Pullman Company as a porter operating out of the District of Cleveland, Ohio.
Because the Pullman Company did, under date of March 12, 1947, take disciplinary action against Porter Taylor by assessing his record with a warning upon charges unproved; which action was unjust, unreasonable, and in abuse of the Company's discretion.
And further, for the record of Porter Taylor to be cleared of the charges in this case and the penalty, a warning, removed from his service record.
OPINION OF BOARD: When this case was called for hearing November 7, 1947, Carrier's representative stated the charge was not supported by the evidence and it would, therefore, withdraw the charge and clear R. B. Taylor's record of "warning" assessed March 12, 1947. The Board concurs and the claim should be so disposed of.
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 employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 19:34;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and