STATEMENT OF CLAIM: This claim is filed on behalf of Jesse L. Porter, Waiter, formerly employed in the Dining Car Department of the Southern Railway System. Mr. Porter was dismissed from service as a result of an investigation on the following charges:
The Organization contends that Mr. Porter did not receive a fair and impartial investigation as provided by the rules agreement and that the discipline imposed was both improper and excessive.
Claim is for Mr. Porter's restoration to service with seniority and other rights unimpaired and for said discipline to be removed from his service record. Claim is further made for pay for Mr. Porter for all time lost on account of the imposition of said discpline.
OPINION OF BOARD: The record shows that the dispute covered by this docket is not properly before this Board for the reason that it was not handled "in the usual manner" as provided for in Section 3, First (i) of the Railway Labor Act, as amended.
FINDINGS: The Third Division of the Adjustment Boatel, 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 herein; and