STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes, on the property of the New York Central System (Line East) for and on behalf of Haywood Spirles, to be reinstated to his former position as Dining Car Waiter with seniority rights accumulated and unbroken and with compensation to the full extent suffered retroactive to December 8, 1949, as a result of unjust and wrongful discharge in abuse of Carrier's discretion.
OPINION OF BOARD: The facts and circumstances disclosed by the record do not warrant a sustaining award.
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