STATEMENT OF CLAIM: * * * for and in behalf of H. L. Smith, who is now, and for some time past has been, employed by The Pullman Company as a porter operating out of the Chicago Western District.
Because The Pullman Company did, under date of October 16, 1952, take disciplinary action against Porter Smith by giving him an actual suspension of ten (10) days; which action was based on charges unproved and was unjust, unreasonable, arbitrary, and in abuse of the Company's discretion.
And further, for the record of Porter Smith to be cleared of the charge in this case, and for him to be reimbursed for the ten ('10) days' pay 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