As a result of an Investigation, the Claimant, an Electrician, received a 20 day suspension stemming from a confrontation with another employee, Electrician Mark Eng and was further placed on probation for three years.
The record shows that on August 26, 1997, Eng and the Claimant had a disagreement over the Claimant's alleged telling other employees that Eng was not properly changing filters. According to the Claimant, Eng yelled at her and used profanity and when she tried to find out what his problem was, Eng stepped close to her and put his hand in her face. According to Eng, he asked the Claimant why she would say that he was not changing the innermost filters on cars and the Claimant became upset and mad, and yelled at him accusing him of not changing the filters. Eng states that he started to walk away and heard her say something, which he later learned was "If you're a man we'll settle this right now."
According to Sheet Metal Worker L. Williams, Eng made a comment to the Claimant and then waived his hand in front of the Claimant's face. According to Carman J. Hall, he heard Eng tell the Claimant that he had changed the filters; he saw Eng raise his hand in front of the Claimant's face and he heard the Claimant say to Eng that "We can settle it right now if you're a man."
Substantial evidence in this record shows that the Claimant and Eng were involved in an altercation in violation of Rule S-28-7. There is no need for the Carrier Form 1 Award No. 13658
to demonstrate physical contact for there to be a violation of that Rule. The exchange between Eng and the Claimant constituted an "altercation."
With respect to the amount of discipline imposed, we agree with the Organization and find that a 20-day suspension for the Claimant is excessive. For all purposes, Eng and the Claimant engaged in the same degree of misconduct. Eng's participation in the altercation and his waving his hand in front of the Claimant's face appears to us no different in degree from the Claimant's participation in the altercation and her provoking statement to Eng that if he were a man they could settle the matter. In Second Division Award 13659, we upheld the ten-day suspension given to Eng for the incident. Under the circumstances, we believe that the Claimant should receive the same discipline as Eng. The Claimant's suspension shall therefore be reduced to ten days and Claimant shall be made whole less the consequences of a ten-day suspension. Further, because Eng did not receive a probationary period accompanying his suspension, we shall require the reference to the probationary period given to the Claimant be expunged from the Claimant's record.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.