STATEMENT OF CLAIM: Claim of Joint Council Dining Zar Employes' Union, Local 465 on the property of the Union Pacific Railroad Company for and on behalf of Waiter Artie Banks that he be reinstated in Carrier's service with seniority and vacation rights unimpaired and compensation for all net wage loss on account Carrier's arbitrary and capricious action in dismissing claimant, said action further being in violation of agreement.
OPINION OF BOARD: This is a discipline case. Under the circumstances present in this case the Claimant will be restored to service with seniority and other rights unimpaired, but without allowance for vacations covering period out of service and without compensation for any time lost.
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