NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION




PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAM

SHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES




STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6534) that:




OPINION OF BOARD: Claimant, in Carrier's employ for almost two years, was engaged in an altercation with a fellow employee as they were coming out of an elevator on Carrier's property after work. Claimant's coworker was cut by a sharp object and was treated for this wound. Both employees were notified and did attend an investigation of the charges of violating Rules 801 and 802 of the General Rules and Regulations of Southern Pacific Company, which read in part:

"Rule 801. Employees who are . . quarrelsome or otherwise vicious, will not be retained in the service."


"Rule 802. Civil, gentlemanly deportment is required of all employees in their dealings with . . each other . . Employees must not enter into an altercation, but will report the facts to their immediate superior."


As a consequence of the investigation, Claimant was found guilty of violating the above-cited rules and was dismissed. His co-worker was retained in service.

Employes contend that Claimant was dismissed on the basis on speculative and inconclusive evidence, and further, that justice was not evenly meted out with respect to the two participants in the altercation which happened after work.


Claimant was still on company property, and as we said in Award 8993, "We are not ready to hold that a serious offense of an employe, although committed while off duty . . may not be a proper basis of a charge, which if proven, will support his dismissal"-we here again confirm.


Further, "merely because others share responsibility and are not disciplined to the same degree does not transform otherwise appropriate discipline into an abuse of discretion." (Award 9444).


While there was in the instant case conflicting testimony, we find that the record contains sufficient probative, credible and competent evidence to support Carrier's action. (Award 9493). In the case of a serious offense, as an altercation involving some sort of sharp object on Carrier's property between two of its employees, this Board will not set aside the measure of discipline rendered by Carrier in an attempt to protect its employees and assure that such altercations do not reoccur. We said in Award 5032: "Our function in discipline cases is not to substitute our judgment for the company- . . . but to pass upon the question whether, without weighing it, there is some substantial evidence to sustain a finding of guilty. Once that question is decided in the affirmative the penalty imposed for the violation is a matter which rests in the sound discretion of the Company and we are not warranted in disturbing it unless we can say it clearly appears from the record that its action with respect thereto was so unjust, unreasonable or arbitrary as to constitute an abuse of that discretion." For the above reasons, this claim is dended~.


FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and 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;



dispute involved herein; and






Executive Secretary Dated at Chicago, Illinois, this 30th day of June 1969.

 Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.

 17269 2