(Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 ( Express and Station Employes
 PARTIES TO DISPUTE:
 (The Denver and Rio Grande Western
 ( Railroad Company

1) The Carrier acted in an arbitrary and capricious manner when it dismissed Mr. Jim Spoon from the service of the Carrier as a result of a hearing held on December 12, 1977.

 2) Carrier shall now be required to return Mr. Jim Spoon to the service of the Carrier with all rights and privileges unimpaired and compensate him for all time los continuing until corrected.

 OPINION OF BOAR: At approximately 4:05 p.m. on December 7, 1977, while
 on duty, the claimant and another clerical employe
 entered into a physical altercation in the Carrier's North Yard Office,
 Denver, Colorado. After an interview by the officers in charge, both the
 clerical employes were removed from the service. On December 8, 1977,
 they were instructed to appear for a formal investigation on December 9,
 1977. The investigation was rescheduled for December 12, 1977, and was
 conducted on that date. A copy of the transcript of the investigation
 has been made a part of the record. Following the investigation, both
 employes were notified of their dismissal from the service.

 The Organization contends that the interviews by the officers in charge immediately following the altercation and prior to the two clerks being removed from the service on December 7, 1977, was in violation of the Agreement. The Board does not find such contention valid. The Agreement provides that an employe under Rule 24. It was not a violation of the Agreement for the officers in charge to determine if such action was warranted, which was the purpose of the interviews.


On careful review of the record before the Board, including the transcript of the investigation, we find that none of claimant's substantive procedural rights was violated. There was substantial evidence adduced at the investigation to support the conclusion that claimant violated Carrier's General Notice and Rules concerning the conduct of employes. His actions, together with his prior record, which was far from satisfactory, fully justified his dismissal from the service. There is no proper basis for this Board to interfere with the discipline imposed, which we find was not arbitrary, capricious or in bad faith.

        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 Agreement was not violated.


                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: 411

        Executive Secretary


Dated at Chicago, Illinois, this 31st day of March 1980.