Findings: On December 6, 2004, Claimant and Engineer J.W. League and Brakeman
 R.F. Kitchens were operating between Teague, Texas, and Alliance, Texas.
 Claimant Harris and Engineer League became engaged in a heated disagreement
 over Engineer League's handling of the train, specifically, the applicability of
 slow orders over certain bridges. Engineer League stopped the train, left his seat,
 and moved toward Claimant Harris. Mr. Harris defended himself and struck
 Engineer League. Following the incident, the crew was removed from the train
 and an investigation began. Claimant was charged with violation of the General
 Code of Operating Rules 1.1 (Safety), 1.4 (Carrying Out Rules and Reporting
 Violations), 1.6 (Conduct), and 1.7 (Altercation).
 Conductors and engineers are jointly responsible for knowing and not
 exceeding the authorized speed over bridges. The Claimant had been admonished
 for not asserting his role as conductor on September 26, 2004 (See Award 3 of
 _1_
 PLB No. 6856
 lf1ward No. 4

 this Board). Now when he does he is challenged physically by the engineer. The record indicates that Claimant defended himself - albeit with four pre-emptive blows to the attacking engineer. Individuals who engage in violent behavior are subject to disciplinary action. The record in this case indicates Claimant was the defender not the provocateur of the assault.
 Based on the record, we conclude Carrier had reason to invoke discipline for the participation in an altercation. However, due to the mitigating circumstances of having to defend himself in an attack, we conclude that the penalty is too severe. Claimant is returned to work but without back pay.

 Claim sustained in part.


GENE L. SHIRE Carrier Member

 ,..6~% `~ .-- ?005
 Fort Worth. Texas

 G. DALE WELCH
 Organization Member