Arbitrator orders Grievant made whole, and all discipline removed from file. Two New Mexico Department of Transportation employees were involved in an altercation that resulted in one employee being terminated for workplace violence and another being given a seven day suspension for defending himself.
The aggressor had a history of antagonizing the grievant. At one point the aggressor pointed a grinder-sharpened trash-picker at the grievant’s chest.
At the end of the workday, when the grievant was walking to his car, the aggressor drove his car directly toward the Grievant and struck him at least twice. The Grievant threw a water bottle at the aggressor’s windshield, shattering it, after having his leg injured severely enough to require transport to a hospital.