STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5676) that:
(1) Carrier violated the Rules of the current Clerks' Agreement by its action in dismissing Thomas P. Robinson from service on July 5, 1963, and
(2) That Thomas P. Robinson now be returned to service with all rights unimpaired and that he be compensated for all time lost.
OPINION OF BOARD: Claimant was dismissed from service on July 5, 1963, after having been tried and found guilty on a charge of assaulting his immediate Supervisor, an Assistant Foreman.
The Board finds no merit in the contention of the Employes that Claimant's procedural rights under the agreement were violated. The notice of the charge was sufficiently precise to apprise Claimant and his representative of the nature of the offense charged and it was timely served upon him. (See Award 11170). There is no evidence that the investigation was so conducted as to prejudice any of the Claimant's contractual rights. It was a fair and impartial trial as required by the rules. Nor may the Employes properly complain of the Carrier's review of Claimant's personal record in assessing the discipline to be imposed. Such consideration should always be given by a carrier in these discipline cases in order fairly to measure the degree of discipline to be administered.
Moreover, on the basis of the preponderance of the evidence in this record the Board finds no justification for setting aside or mitigating the discipline here imposed. That evidence establishes that Claimant attacked his Supervisor and inflicted upon him serious bodily injury. The alleged provocation for such attack, testified to have been the words and attitude of the Claimant's Supervisor, cannot be held to justify Claimant's resort to force and violence resulting in serious injury to a fellow employe. (Cf. Second Division Award 1659-Referee Carter).