(2) Claim in behalf of Mr. Norment for wage loss suffered beginning August 13, 1991, until reinstated with seniority, vacation and all other rights unimpaired.

Findings: The Board has jurisdiction by reason of the parties Agreement establishing this Board for that purpose.

The result of the Claimant making derogatory remarks to Welder Walter Harris about his wife led to an altercation during which Claimant incurred a personal injury.

A formal investigation was held on August 7, 1991 on the charge:

"..quarrelsome and careless of the safety of yourself and others when you were involved in an altercation in the vicinity of Mabelvale while employed as Welder and Track Foreman respectively on the N. Little Rock Service Unit on July 23, 1991..."

As a result thereof, both men were dismissed from service as discipline therefor.

Welder Harris was subsequently reinstated on a leniency basis without pay for time lost, on or about October 22, 1991.

The Board can find no cause in this record to not treat the Claimant in a similar manner. Therefore, his discipline of dismissal will be reduced to actual suspension. The Claimant shall retain his Foreman's rights and all other rights are unimpaired but there will be no pay for the time out of service. The Claimant, apparently, is asserting that he was too hurt to work. Hence, the conditional terms will be applicable when the Claimant is able to return to work

-2- Award No. 566

and had passed the necessary physical return to work examination.

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

~rr~rr~s~ro .

Arthur T. Van Wart, Chairman

and Neutral Member