STATEMENT OF CLAIM: The propriety of Petitioner's discharge from the service of respondent on June 4, 1956 from the position of crossing watchman, in particular the question as to whether petitioner is capable of performing the duties of a crossing watchman in a safe manner, said question having been determined on September 27, 1956 adversely to the petitioner by the chief operating officer of respondent carrier designated to handle such disputes.
OPINION OF BOARD: On the record before us, the Division concurs with the interpretation placed on the contractual provisions of the agreement. governing the craft involved by the parties thereto and therefore, holds that an affirmative Award is not warranted on the claim asserted herein.
FINDINGS: The Third Division of the Adjustment Board, 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, 19:34;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and