THE BOSTON AND ALBANY RAILROAD
(The New York Central Railroad Company, Lessee)
STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes Local 370 on the property of the Boston and Albany Railroad (New York Central Railroad System Lessee) for and in behalf of Chester Robinson, M. Mathis, A. G. Burke, C. H. Hodge, V. H. Farrara, D. K. William and Carl E. Pilgrim, and all other employes similarly situated, for compensation to the extent tey have suffered including commissions under Rule 2 (b) of the current agreement and to be permitted to continue to enjoy all rights and benefits accruing to them from the terms and provisions of the current agreement, particularly Rule 4 thereof.
EMPLOYES' STATEMENT OF FACTS: There is in evidence an agreement dated December 23, 1941 between this Carrier and its Dining Car Employes copies of which are on file with your Board. The named claimants herein involved are waiters in the service of Carrier's Dining Car Service. Their seniority dates are as follows:
Under date of February 15, 1947, the Carrier addressed each of the above named claimants as follows:
OPINION OF BOARD: There is no dispute as to the facts in this case. The parties are agreed that the employes were withheld from service on account of the provisions of the Massachusetts Liquor Law. The employes are permitted to return to service in the capacity of waiters with full seniority as fast as they reach the age of twenty-one, Under the facts and circumstances of this particular case, the claim should be denied.
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 respec tively 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 under the facts and circumstances of this particular case, the claim will be denied.