STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes, Local 41, on the property of the Southern Pacific Railroad Company, for and in behalf of Mr. James Dougherty, Bartender, to be returned to service, with seniority rights accumulated and unbroken and with compensation, to the extent suffered, as a result of unjust and unwarranted discharge in abuse of Carrier's discretion and in violation of the current agreement.
OPINION OF BOARD: Based upon all of the facts and circumstances of 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