PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

 STATEMENT OF CLAIM: That the Carrier's decision to auspena Albuquerque vision rackman B. Chischillie from his Position for 60 days was unjust; that the Carrier now lift the suspension from Claimant Chischillie's record as a result of investigation held September 21, 1984 because the Carrier did not intro4sce substantial, creditable evidence that proved that the claimant violated the rules enumerated in their decision, and even if clair.:»::_ violated the rulas enumerated in the decision, suspension as Trackman is extreme and harsh discipline under the circumstaaces.

 FINDINGS: This Public Law Board No. 1582 finds that the partie:3
 erein re Carrier and employee within the meaning of the Railw.,y
 Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute, the claimant was notified to attend Liie Corma-L investigation at Winslow, Arizona, September 21, 1°E4. '1"t:e clai;..,~.:c was charged with striking Trackman K. T. Gaddy, August 30, 1.984. Pursuant to the investigation, the claimant was found ouiit:: ai._ assessed 60 days suspension.

 The testimony has been read and considered. The claimant had =:.
 quested two witnesses to be present and apparently, t:_ey had a;: er·

to appear at the investigation and testify on his beaalf. :\f tar

reviewing the testimony of the witnesses, any statement or nviderz=
 which the would have presented would have been immaterial. The.
 claimant self testified that he struck another employee in t=.·.e
 face with his forearm. From the claimant's testimony, there was
 no justification nor any excuse for the claimant's behavior.
 Certainly, an employee of 30 years should know that it is a serious
 rule violation to strike another person. It makes no difference
 whether it is a fellow employee or a supervisor.

 The Board might only assess 30 days suspension for this infraction; however, that is not the Board's prerogative. The Board's only prerogative is to determine if the discipline assessed is harsiz, arbitrary or unjust. One cannot say that 60 days is excessive.

 AWARD: Claim denied.


                          nlud Nembe-


Dated at Chicago, Illinois
November 12, 1984 ~!~a o~