Form 1 Nf4TliNAL RAILROAD ADJUSTMENT BOARD Award No. 7121
 SECOND DIVISION Docket No. 6824
 2-N&W-CM-'76
 The Second Division consisted of the regular mem!>ers and in
 addition Referee Dana E. Eischen when award was rendered.

 ( System Federation No. 16 (formerly System
 Parties to Dispute: ( Federation No. 23,) Railway Employes Department
 ( Carmen )
 ( Norfolk and Western Railway Company
 ( ( forra~°rly The eeling & Lake Erie Railway Company

 Dispute: Claim of Employee:




Findings:
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 employee involved in this dispute are reapectivelY 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.

Mr. C. A . Biada, Claimant, is employed a s Carman a t Carrier's Cleveland, Ohio facility. Following an incident on August 17, 7973, Claimant was assessed a 30-day suspension for threatening and engaging in an altercation with another employee and also for transacting private business on Company time. Pursuant to Rule 13 (D) of the controlling Agreement the Organization on behalf of Claimant requested and received a hearing and investigation. Following the hearing the discipline was not reversed and by letter filed November 9, 1973, the instant claim was initiated.
 Form 1 Award No. 7121
 page 2 Docket No. 6824
 2-N&W-CM-' 76

 We have reviewed the entire record, confining our deliberations to positions raised and argued on the property. Analysis of the evidence, especially the transcript of investigation, leaves no doubt that Claimant was selling electric grass trimmers to fellow employees during working hours on August 17, 1973. Claimant admits that he transacted one such sale to a clerk, C. E. Ovens, Jr. and attempted to sell two remaining trimmers from t.yj: stock -~.,~ z~.~ aurumna?)i.le to aorta signal department employees. But one of his grass shears was missing and following a search of the area and the yaxd office, Claimant found the shaars in Ovens' desk. The record becomes conflicting with regard to details of subsequent developments. It is clear however that Claimant became ~ngrys engaged in a profane shouting match with Ovens, and during the discussion a telephone flew through the air.. Ovens testified Claimant threw it at "him and struck him, Claimant testified that he brushed the instrument with his arm and merely knocked it to the floor. The employees to whom the other two grass shears were to have been sold, cl.a,im they saw nothing except that the phone did move from its place on the desk. Claimant stated that one of these employees urged him to "nail him" (Ovens) because "we knew he (Ovens) was guilty." Claimant told Ovens "I should throw you out the window" whereupon Ovens departed and Claimant took back the trimmers he had sold to Ovens as well as the other pa ir.

 From the foregoing record we must conclude that there is substantial evidence to support the charges against Claimant. Absent direct attack, there is generally no excuse for engaging in an altercation with a fellow employee on time during which both are being paid by their employer to work. See Awards 2191, 4098 and 6481. Even assuming arguendo Claimant was correct in concluding the other had purloined his merchandise, we cannot condone his aggressive vigilante action. Nor can it go unremarked that but for his first proven offense, viz., transacting private business on company time, Claimant would not have become embroiled in the altercation which vas his second offense. In all of the circumstances herein we cannot find that the imposition of a 30-day suspension was inappropriate, arbitrary or unreasonable. We shall deny the claim.

Claim denied.

RATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Form 1 Award No. 7121
 Page 3 Docket No. 6824
 2-N&W-CM-'76
 Attest: Executive Secretary
 National Railroad djustment Board

 Y~._.._.~ .. ..w
 Roserbt- 3rasch~ - Administrative Assistant

 hated at Chicago, Illinois, this 20th y of August, 1976-