STATEMENT OF CLAIM: * * * for and in behalf of W. W. Sims, who is now, and for a number of years past has been, employed by The Pullman Company as a porter operating out of the District of Omaha, Nebraska.
Because The Pullman Company did, under date of December 30, 1947, take disciplinary action against Porter Sims by giving him an actual suspension of eight (8) days on charges unproved; which action was unjust, unreasonable, arbitrary, and in abuse of the Company's discretion.
And further, for the record of W. W. Sims to be cleared of the charge in the instant case, and for him to be reimbursed for the time 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 Employe 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 ground for disturbing the action of the Carrier.