It is alleged that on Wednesday, October 21, 1998,

at approximately 3:40 p.m., while on Amtrak property, you

participated in a physical altercation as a result of an

argument involving [two] co-workers. The altercation

resulted in a personal injury to [one of the co-workers].

Following the hearing, the Claimant was dismissed from service.

As related in the Findings of Award No. 50, the Claimant, while in the van, engaged in a physical altercation with another employee, causing damage to the other employees eye. This conduct was made even more unacceptable when the Claimant continued the physical encounter with the other employee after both had stepped out of the van. This includes throwing a stone or other hard object at the other employee, which object struck the other employee.

In the Claimants defense, the Organization points to his record of 21 years' service, showing only a single disciplinary action 20 years previously. The Carrier, however, does not and cannot condone such conduct by an employee, particularly when it was renewed after an initial encounter. The Board has no basis to interfere with the Carrier's enforcement of basic rules of conduct and safety or with the subsequent determination to dismiss the Claimant from service.

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