PARTIES The Brotherhood of Maintenance of Way Employees
DISTUTE: and


STATEMENT Carrier violated the Schedule Agreement by assess
-6 F
CLAM: ing five days actual suspension to Trackman Thomas -
W. Albright. Claimant Albright should be reim
bursed for the time lost plus any overtime worked
by the gang during the period of discipline and
his record should be cleared of all charges.
FINDINGS: The five-day suspension was administered to claim
ant on the basis of Carrier's findings that he was
involved in a confrontation with other trackmen in
the rear of their truck while returning to the job
site during their lunch period.
There is no question but that trackmen were in-
volved in an altercation in the back of the truck. There is no
evidence, however, that claimant started the fight and the testimony
is not sufficiently detailed and clear to provide a basis for con
cluding that he was responsible for exacerbating the situation.
There is some evidence that claimant attempted to stop the fight
G
' PLB No. 2778
Award No. 32
Case No. 22
and that his actions in that regard may have been misinterpreted.
He suffered an injury to his finger as a result of the incident.
At any rate, we are not satisfied that this record supports Carrier's findings that claimant was at fault and merited a five-day loss of pay for the affair. The claim will be sustained.

AWARD: Claim sustained. To be effective within f4-ve--;Oqlk8
days.
Adopted at Baltimore, Md. y~ 1984.
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