Docket No. MW-81-148


Parties Brotherhood of Maintenance of Way Employees

 to and

        Dispute Southern Pacific Transportation Company (Texas and Louisiana Lines)


Statement
 of Claim: Claim of BMWE and Apprentice Track Foreman Joseph D. Morris
 for reinstatement to his former position with all seniority,
 vacation rights and any other rights accruing to him
 unimpaired in addition to all compensation lost commencing
 June 20, 1981 and to run concurrent until Mr. Morris is
 restored to service, alleging unjustly dismissed:

 Findings: The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated July 19, 1979, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
 Claimant was advised under date of June 23, 1981 by the Regional Maintenance of Way Manager in part as follows:

        "On June 19, 1981 at-approximately 11:00 p.m., while on duty you were arguing with Laborer M. Comeaux and physically shoved him to the ground. This is in vio-Idlion of Rule 802 of the General Rules and Regulations of the General Notice of April 1, 1981 of the Southern Pacific Transportation Company which reads in part as follows:


        'Rule 802. Indifference to duty, or to the performance of duty, will not be condoned. Courteous deportment is required of all employees in their daily work ...each other... Employees must not enter into altercation, scuffle, engage in horse play or wrestle while on duty...'

                                    PLB - 2444

                          -2- Award No. 69


        For your violation of Rule 802, you are dismissed from service of the Southern Pacific Transportation Company..."


Claimant requested and was granted a hearing which was held on July 15, 1981. As a result thereof, Carrier concluded Claimant to be culpable as charged and the discipline of dismissal was upheld.
 Claimant was the other participant involved in the altercation reflected in Case No. 87 which resulted in our Award No. 73, the findings of which, by reference are incorporated herein and made part hereof. There the other participant in said altercation was dismissed. We find nothing in the record to conclude otherwise here. Claimant slapped Laborer Comeaux first and precipitated the altercation. In the circumstances, this claim will also be denied.

 Award: Claim denied.

 M. . Christie, Employee Member B. Goyne, Ca ember

                  Arthur T. Van Wart,.Chairman and Neutral Member


Issued May 11, 1983.