(2) Claim on behalf of Mr. Johnson for wage loss suffered, until reinstated with seniority, vacation and all other rights unimpaired.

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

The Claimant, Machine Operator, Gail L. Johnson, and Trackman-Driver R. W. Curry, were involved in an altercation on September 6, 1990 that caused a formal investigation to be held in connection therewith. Both participants were discharged from service as discipline therefor.

Claimant Curry was returned to service on a leniency basis with all rights unimpaired but without pay for time out of service. Curry was required to meet with a designated Carrier manager, prior to returning to service, to reach a full and complete understanding as to the terms of the reinstatement agreement as well as his future conduct and compliance with Carrier's rules.

Claimant was accorded the due process to which entitled under the discipline rule.

There was sufficient evidence adduced, including the admissions by Claimant against self interest, to support Carrier's conclusion of the Claimant's culpability. While Claimant chose to not accept Carrier's leniency offer, the Board will make the same offer and return the Claimant to service on the same basis as R. W. Curry but without pay for time out of service subject to his passing the necessary return to service examinations. This claim will otherwise be denied.

-2- Award No. 526

Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.

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