Board is duly constituted by Agreement dated January 5, 1959, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
Claimant Begaye was dismissed from service following hearing in absentia on charges that he was in violation of Rule G while involved in an altercation with fellow employes which resulted in personal injuries.
A review of the record in this case reveals that Claimant was afforded a fair and impartial hearing and was ably represented at such hearing by his Union representative. The record also discloses that Claimant was permitted additional time, before the hearing commenced, to appear and defend against the charges.
There was substantial evidence presented at the hearing to warrant Carrier's determination that Claimant Begaye was guilty as charged and to support its subsequent decision to dismiss him.
Due to the gravity of the offenses, and finding no mitigation on the record before it, the Board finds that Carrier's decision was not unreasonable, arbitrary or capricious and will be upheld.