STATEMENT OF CLAI11:

 1. That; the Carrier's. decision.ta assess Claimant thirty <30) demerits after investigation September 16, 1983 was unjust.

 2. That the Carrier now expunge thirty C30) demerits from the claimant's record, reimbursing him for all wage loss and expenses incurred as a result o£ attending the investigation September 16, 1983, because. a review of the investigation transcript reveals that substantiaL, creditable evisence.was not introduced that indicates claimant is guilty of violation of rules he was charged with in the =ice of Investigation.

 FINDINGS:. This.. Public Law. Board No. 1582 finds that the parties erein are Carrier and.,Employee within the meaning of the Railway Labor Act, as amended_ and that this:Board has. jurisdiction.

 In, this. dispute the- claimant. was notified to attend an.investigation.in.the Division. Engineer's.Office in. San, Bernardino at 9:00 a.m~ on: September 1.6-, 1983.- The-claimant and others'were charged with allegedly, assaulting- Trackmam .T. P.. Robinson in a bunk car at Goff&,, California at approximately 8:00 p.m. on September 1, 1983- Pursuant to the investigation the claimant was assessed 30.demers.ts for being in violation of Rule 14, General Rules for the Guidance. of Employees, Form.a626 Standard, 1978.

 The testimony establishes that the claimant herein, with two other fellow employees, participated in physically abusing and injuring a fellow`employee without-cause. Such act was unjustified, and there- is. no justification for setting the discipline aside.

 AWARD- Claim denied"


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 Dated at Chicaqo, Illinois
 Decemhilr 12, 7 9B?