THIRD DIVISION
Wesley Miller, Referee
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Extra Gang Foreman J. W. Peppers from service on May 19, 1958 was arbitrary, unfair, without just and sufficient cause and in violation of the effective Agreement.
(2) Mr. J. W. Peppers now be restored to service with seniority, vacation and all other rights unimpaired account of the violation referred to in Part (1) of this claim.
OPINION OF BOARD: After careful study of the Record, which includes a transcript of the testimony taken at the hearing, and of the argumentation made by the parties and in their behalf, we do not believe that the complained of action on the part of the Carrier was either arbitrary, unfair, or without just and sufficient cause, nor can we conclude that the effective Agreement was violated.
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 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