THE PULLMAN COMPANY AND
THE BROTHERHOOD OF SLEEPING CAR PORTERS
STATEMENT OF CLAIM: This Petition is brought for a violation of Rule 49 of the AGREEMENT BETWEEN THE PULLMAN COMPANY AND THE BROTHERHOOD OF SLEEPING CAR PORTERS, REVISED, EFFECTIVE JANUARY 1, 1953.
The question involved is whether an employe may be discharged without a fair hearing, or notice of the charges against him, in writing, as required by said Rule 49,
OPINION OF BOARD: The record shows that, on August 10, 1954, Carrier notified Claimant Collins, in writing, that he was dismissed from service effective that date based on evidence presented at a hearing held on July 23, 1954, on the charge as outlined in Carrier's letter to Claimant dated August 10, 1954; that, on August 13, 1954, Claimant's dismissal was appealed and conference was eld thereon on August 30, 1954, following which Carrier denied the appeal on September 13, 1954; and that no further action was taken until notice was addressed to this Division on January 24, 1957, of intention to file ,the dispute with this Board.
Inasmuch as no further appeal was timely made in accordance with Rule 53 after initial appeal was denied by Carrier on September 13, 1954, the claim is not properly before the Board and we must hold that Carrier's decision is final and binding.
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 Employe involved in this dispute are respectively Carrier and Employe 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, in accordance with Opinion, the claim is not properly before the Board and Carrier's decision is final and binding.