STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employees Union, Local 495, on the property of the Atlantic Coast Line Railroad Company, for and on behalf of Chef Cook E. Henry, that he be returned to service and compensated for net wage loss, with seniority and vacation rights unimpaired, account of Carrier dismissing claimant from service on April 18, 1962, in violation of the Agreement and in abuse of its discretion.
OPINION OF BOARD: This is a discipline case. We have reviewed the record and find that: (1) the due process prescribed in the Agreement was adhered to; (2) there is evidence, which if believed, supports the Carrier's finding of guilt; and (3) in the light of that finding, the penalty imposed was not excessive. Our findings compel us to deny the Claim.
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