(Advance copy. The usual printed copies will be sent later.)

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6481
SECOND DIVISION Docket No. 6333
2-SPT(fL)--Eli-' 73 .
The Second Division consisted of the regular members and in
addition Referee Irving R. Shapiro when award was rendered.
System Federation No. 114, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)

( Southern Pacific Transportation Company (Pacific Lines)

Di ute: Claim of Eeaplayes:

1. That under the current Agreement, Nechanical Department Electrician H. A. Mwy was unjustly treated when he was dismissed from service on May 13, 1971, following investigation for alleged violation of Rule 801 of the General Rules and Regulations of the Southern Pacific Transportation Company on April 2, 1971.

That accordingly, the Carrier be ordered to:

(a) Restore the aforesaid employee to service, with all service and seniority rights unimpaired and compensate him for all time lost with payment of 6% interest added thereto.

(b) Reinstate all vacation rights for the aforesaid employee.

(c) Pay Southern Pacific Employees Hospital contributions, including dependents' hospital, surgical, medical and death benefit premiums for all tinee that the aforesaid employee is held out of service.

Fina inscs

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The authority of this Board, as set forth in the Railway Labor Act is extensively confined. We are limited to review the record put before us; ascertain whether the terms of the Controlling Agreement between t he parties had been complied with, and, in cases involving disciplinary action taken against an employes determine whether Claimant was afforded a fair hearing and that the penalty assessed was not arbitrary, capricious or unreasonable.
Form 1
Page 2

Award No. 6481
Docket No. 6333

2-SPT(PL)-Er-' 73

The transcript of the hearing below fully supports a finding that Claimant, who at the time was in Carrier's employ for four months, entered into a discussion with a fellow employe which was quarrelsome in nature and led to an altercation between the two workers with potentially dangerous consequences.

There is nothing in this record which warrants a holding that Carrier's action herein was violative of the above stated standards and, therefore, we will not interfere with the determination of the Carrier.

AWARD

Clam. denied.

Attest: e0t,'~ -lea Z.

Executive Secretary

NATIONAL RAILROAD ADJUSTMENT BOARD $y Order of Second Division

Dated at Chicago, Illinois, this 30th day of April, 1973.