Upon the whole record and all the evidence, the Board finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended. Further, the Board is duly constituted by Agreement, has jurisdiction of the Parties and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon.
This incident began as a disagreement between two employees in a traveling gang regarding the window blinds in their overnight accommodations. The disagreement over whether the blinds should be open or closed became an argument. The argument then escalated further. According to the Complainant, the Claimant called him an expletive and punched him in the legs. When the Complainant got up to leave, the Claimant grabbed him by his belt and threw him against the wall.
Claimant did not object to testimony about the shades, but denied punching Complainant in the leg or throwing him against the wall.
Claimant and Complainant shared the room on the night the incident occurred. At the end of the following workday, Complainant requested that his Supervisor change his assigned roommate. His request was fulfilled immediately.
An Investigation was convened to find the cause of the violence in the workplace, identifying Claimant as the originator, and at the conclusion it was Carrier's decision, based upon all the testimony, that Clamant was guilty as charged. The result was termination of Claimant's service from the Carrier.
Claimant admitted he did not abide by the engineering instructions that while employed dictate that they should use professional and courteous behavior while lodging in facilities that the Carrier is paying for. When asked if his conduct was professional and courteous, Claimant's response was "no." He did, however, deny acting violently.
Complainant was responsible for a written account which reads in quoted part as follows:
Award No. 37 4'
Case No. 376
