STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-4875) that:
(1) That Carrier violated the current Clerks' Agreement when it arbitrarily discharged John F. O'Shea and Kenneth D. Hartz, who were employed as Ticket Clerk and Information Clerk, respectively, at Central Terminal Passenger Station, Buffalo, New York, without just cause.
(2) That Mr. O'Shea and Mr. Hartz shall be returned to service with seniority and all other rights unimpaired
(3) That Mr .O'Shea and Mr. Hartz shall be reimbursed for all wage losses sustained on and after January 21, 1959 as a consequence of Carrier's actions.
OPINION OF BOARD. This is a discipline case in which the Claimants admitted to drinking beer while eating lunch on January 21, 1959, and for which they were charged, tried and dismissed from service.
Based on the record in this case, the Board concludes that the discipline against Claimant O'Shea has served its purpose and that he should be restored to service with seniority and all other rights unimpaired, but that the claim
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, fords 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;