STATEMENT OF CLAIM: * ' * for and in behalf of H. Burnett, who is now, and for some time 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 March 13, 1953, subject Porter Burnett to disciplinary action by giving him an actual suspension of nine (9) days from his position as a porter in the Chicago Western District; which action was based upon charges unproved and was unjust, unreasonable, arbitrary, and in abuse of the Company's discretion.
And further, because it was not proved beyond a reasonable doubt that Porter Burnett was (guilty of the charges as is provided for in the rules of the Agreement between The Pullman Company and Porters, Attendants, Maids and Bus Boys in the Service of The Pullman Company in the United States of America land Canada, represented by the Brotherhood of Sleeping Car Porters, Revised, Effective January 1, 1953.
And further, for the record of Porter Burnett to be cleared of the charge in this case, and for him to be reimbursed for the nine (9) days' pay lost as a result of this unjust and unreasonable action.
OPINION OF BOARD: The statements of the parties are so conflicting that the Board finds it impossible to render a decision. Therefore, the case should be dismissed.
FINDINGS: Me 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 Ratlway Labor A,ct, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and