STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes, Local 370, on the property of the Erie Railroad Company for and in behalf of Mr. Otis Butler, waiter, that he be returned to his former position and be compensated for all loss of wages, retroactive to September 15, 1949, as a result of unjust and unwarranted removal from service in violation of current agreement and in abuse of Carrier's discretion.
OPINION OF BOARD: The record does not disclose a violation of the agreement or abuse of discretion on the part of the Carrier as charged.
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