STATEMENT OF CLAIM: * * * for and in behalf of D. M. Ingram, who is now, and for some time time past has been, employed by The Pullman Company as a porter operating out of the Chicago Northern District.
Because The Pullman Company did, under date of June 26, 1952, take disciplin action against Porter Ingram by assessing his record with a "Warning on charges unproved; which action was unjust, unreasonable, arbitrary, and in abuse of the Company's discretion.
And further, for the record of Porter Ingram to be cleared of the charge in the instant case, and for the disciplinary action (a Warning) to be expunged from his record.
The record presents a square conflict between Claimant and a Service Supervisor with some circumstantial evidence corroborating the evidence of both of them.
We are unable to conclude upon the record that the Carrier's action, in resolving this conflict as it did, was unjust, unreasonable, arbitrary or an abuse of discretion.
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