STATEMENT OF CLAIM: This claim is filed on behalf of Arthur Dicks, Red cap, formerly employed by the Cincinnati Union Terminal Company, who on October 6, 1953 was dismissed from the service of the Carrier on the following charges:
The Organization contends that Mr. Dicks was disciplined without the fair and impartial investigation required by the Rules Agreement. Request is made for his restoration to service with seniority and other rights unimpaired, and for removal of said discipline from his service record.
OPINION OF BOARD: In view of the facts and circumstances in this particular case, Claimant Arthur Dicks should be restored to service promptly with seniority and other rights unimpaired, but without pay for wages and vacation days lost, if any, prior to restoration.
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
That Claimant Dicks shall be restored to service in conformity with Opinion.