PARTIES Brotherhood of Maintenance of Way Employees
DISTUTE: - and -
' Seaboard System Railroad

STATEMENT Appeal from 30-day suspension imposed on Trackman
CL77M: J. W. Fortenberry.

FINDINGS: ' Claimant was suspended by Carrier on-the basis of
' findings that he and another employee, L. Walton,
were involved in a physical altercation while at
work.
The record indicates that as the argument developed,
Walton struck claimant with a shovel and claimant retreated and then
picked up a rock and hurled it at Walton. Claimant then was pursued
by Walton and the two men wrestled on the ground for a few minutes.
Even if Walton had been the aggressor, and that
is not clear, claimant was not acting purely in self-defense when he
threw the rock. There is no basis for disturbing Carrier's decision.

AWARD: Claim denied.





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