Claim on behalf of M. A. Leach for reinstatement with seniority, vacation and all other rights unimpaired and pay for all time lost as a result of his dismissal from service and in behalf of A. P. Davis for removal of a fifteen (15) day actual suspension following a formal investigation on October 29, 1998, for an altercation that occurred prior to beginning work at Flowery Branch, Georgia, on October 22, 1998. (Carrier File MW-SELM-98-24-SG-490)

After thoroughly reviewing and considering the transcript and the parties' presentations, the Board finds that the claim should be disposed of as follows:

Although there is no question that Claimant Leach was involved in a physical altercation at the work site with another employee, Claimant Davis, the facts point up that Davis had earlier provoked this incident. While Davis only received a fifteen-day suspension in this incident, Leach, however, was dismissed from service. In the Board's judgement, the penalty of discharge was too severe notwithstanding that Claimant Leach behaved in an unbecoming fashion and in violation of the Carrier's policy prohibiting fighting in the work place. Here, reinstatement without pay for time lost is the more appropriate remedy. Claimant Leach will be returned to service with full restoration of his benefits and unimpaired seniority rights. To the extent of the findings, his Claim will be partially sustained.

The record supports the charge against Claimant Davis and the assessed discipline he received. Accordingly, his Claim is denied.

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