JOINT COUNCIL DINING CAR EMPLOYEES
LOCAL 370
THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD
COMPANY
STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employees' Local 370 on the property of the New York, New Haven & Hartford Railroad Company for and on behalf of Sidney Jarvis, waiter, that he shall be restored to service with all rights unimpaired and compensated for wage loss as a result of Carrier's action in dismissing claimant from the service in violation of existing agreement.
OPINION OF BOARD: This is a discipline case. The record shows that there are extenuating and mitigating circumstances on the basis of which the claim herein should be disposed of by restoring Claimant to service, with seniority and other rights unimpaired but without credit or allowance for vacations covering period out of service subsequent to February 9, 1954, and by reimbursing him for net wage loss during the period from January 23, 1954 to February 9, 1954, both inclusive, less earnings in other employment or unemployment insurance benefits during the latter period. Claim for wage loss subsequent to February 9, 1954, is denied.
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 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