STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employes for and behalf of Ernist Williams, waiter and counter man, on the property of Chicago and Eastern Illinois Railroad Company that he be returned to service as of July 23, 1948, with seniority rights accumulated and unbroken and that compensation for net wage loss suffered as a result of unjustified and unwarranted dismissal imposed in violation of Article III (a) and (d) of the current agreement.
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 under the facts and circumstances as disclosed by the record in this case we find no basis for disturbing the action of the Carrier.