STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employes, Local 456, on the property of the Southern Pacific Railroad Company, for and on behalf of Waiter Carl J. Woods, that claimant be restored to service with seniority and vacation rights unimpaired and compensated for net wage loss, account of Carrier dismissing claimant from service on September 20, 1960, in violation of the effective agreement.
OPINION OF BOARD: This is a discipline case involving the dismissal from service of Dining Car Waiter Carl J. Woods.
The controlling Agreement between the parties in this case contains Rule 250) which provides:
The record in this case shows decision of dismissal by the Manager on November 9, 1960, while the notice of intent to file this dispute with the Third Division was dated July 25, 1961, obviously in excess of the time limit provided for in Rule 250).
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, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and