SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 423
File 890536

Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific Railroad Company)

Statement
of Claim: (1) Claim in behalf of System Bridge Gang Carpenter Third
Class T. E. Wilson, assessed a fifteen (15) day deferred
suspension on April 17, 1989.

(2) Claim in behalf of Mr. Wilson for the removal of the fifteen (15) day deferred suspension. As well as pay for time lost beginning March 27, 1988.

Findings: The Board has jurisdiction of this case by reason of the parties Agreement establishing this Board therefor.

The Claimant, System Bridge Gang Carpenter Third Class, T. E. Wilson, was involved in an altercation with Second Class Carpenter E. C. Mitchell.

Claimant was accorded the due process to which entitled.

There was sufficient Carrier's conclusion that altercation with Mitchell insulting assertions.

evidence adduced to support Claimant had provoked the by his oral degrading and

The discipline, in view of the circumstances, was

reasonable. This clam will be denied.

Award: Claim denied .
. .

. A, amm ns, Jr., mp ee Member D. A. Ring, Carri ber

/.%

Arthur T. Van Wart, Chairman and Neutral Member

Issued November 26, 1990.