STATEMENT OF CLAIM: " * " for and in behalf of W. C. Jenkins, who is now, and for some time past has been, employed by The Pullman Company as a porter operating out of the Chicago Eastern District.
Because The Pullman Company did, under date of September 27, 1951, take disciplinary action against Porter Jenkins and assessed his service record with a "Warning"; which action was based upon charges unproved and was unjust, unfair, arbitrary, and in abuse of the Company's discretion.
And further, because Porter Jenkins did not have a fair and impartial hearing.
And further, for the record of Porter Jenkins to be cleared of the charges in the instant case, and for the disciplinary action (a warning) to be expunged from his service record,
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