STATEMENT OF CLAIM: ***for and in behalf of A. C. Virgil, who was formerly employed by The Pullman Company as a porter operating out of the District of St. Louis, Missouri.
Because The Pullman Company did, under date of November 28, 1951, take disciplinary action against Porter Virgil by dismissing him from the service, which action was based upon charges unproved and was unjust, unreasonable, arbitrary, and in abuse of the Company's discretion.
And further because Porter Virgil did not have a fair and impartial hearing as provided for in the rules of the Agreement between The Pullman Company and the Porters, Attendants, Maids, and Bus Boys employed by The Pullman Company, represented by the Brotherhood of Sleeping Car Porters.
And further, for Porter Virgil to be returned to his former position in the St. Louis District with seniority rights and vacation rights unimpaired, and with pay for all time lost as a result of this unjust and unreasonable action.
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