PARTIES 20 DISPUTE: !'weight Handlers, Express and Station Employes



1. Carrier abused sound discretion and acted in an arbitrary manner when it assessed the supreme penalty of dismissal of V1r. Tommy B. Lane, Messenger, Auditor of Disbu 11, 1971.

 2. The discipline rendered in connection with this case vas too severe with relation to the charges and the testimony developed in the investigation, as the purpose
3. Mr. Tommy B. Lane shall be restored to service with seniority and all other rights unimpaired.

 4. Mr. Tommy B. Lane shall be compensated for all wage loss sustained by him mtil he is restored to service.

 OPINION CIP BOARD: Claimant was employed by Carrier on Key 13, 1970 as a yard
 clerk and was transferred on October 20, 1970 to a posit$.on
 of messenger in the Carrier's Accounting Department in the General Office Build
 ing. On the afternoon of March 3, 1971, during working hours, a fight developed
 between Claimant end another employee in the basement of the General Office
 Building. Both employees were subsequently summoned to a formal investigation
 of the incident on March 11, 1971. Claimant was discharged on March 26, 1971,
 the other employee was not disciplined.

 ?he sole issue in this case is whether or not the Carrier was arbitrary and capricious in assessing the investigation is clear and unambiguous in that Claimant was responsible for provoking and sagaging in a fight with another employee during working hours, on the premises, and in the presence of other employees. The record, including the investigative hearing, reveals no questions concerning the procedure; Claimant was aff tolerate the conduct described above. This Board has held on a number et prior occasions that dismissal is an appropriate remedy in cases of employees fighting on duty (See Awards 11327, 13485, and 11170). We find that the discipline in this case was fully warranted and not too severe.


        FINDINGS: The Third Division of the Adjustment board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


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;

 That this Division of the Adjustment Board has Jurisdiction over the dispute involved herein; and

        That the claim be denied.


                          A W A R D


        Claim denied.


                              P1ATIO:ZAL RAILROAD ADJr)';a.'":J :C 1Q'1`)

                              By Order of Third 1)i vision


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 20th day of December 1972.