C:\AWARDS\OUT\2-07776.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7776
SECOND DIVISION Docket No. 762+
2-IC G-BM-BK-`78

The Second Division consisted of the regular members and in addition Referee Arthur T. Van Wait when award was rendered.

( System Federation No.

99,

Railway Employer'

Department, A. F. of L. - C. 1. 0.

Parties to Dispute: ( (l3oile,rmaaers-Blacksmiths )

(

( Illinois Central Gulf Railroad Company

Dispute: Claim of Employes:

1. That the Illinois Central Gulf Railroad has violated the current controlling Agreement, 1)arta,.cu:Larly Rule ;`:o.

3`j,

at Paducah, Kentucky, by unjustly dismissing from Service of the Carrier Boilermaker Louis H. Hayden on July 28,

1976.

2. That accordingly, the Illinois .Central Gulf Railroad be ordered

to restore Boilermaker Louis H. Hayden to service with all

seniority and service rights, vacat:icri rights, holidays, sick

leave benefits and all other benefits that axe a condition of

employment unimpaired. and compensated for all lost time plus

annual interest on all such lost gages, also reimbursement fox

all losses sustained account loss of coverage under health and

welfare and life insurance agreements, all this to he effective

July 29, 1976.

Findings: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that: The carrier or carriers and the employe ox employes involved in this dispute axe respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant applied for employment with Carrier. He filled out an application fox such employment on June 8, 1976 as well as a medical questionaire. Claimant, as a result thereof, was called for an :interview and filled out and signed an employe data record on July 9, 1976.

Claimant entered the service of Carrier on July 20, 1_976. On July 27, 1976, seven days after he started working, Claimant wars advised that his application for em.plo;yrr:ent was d:i_sapproved. and his temporary empl_oymemi. relationship terminated under Rule 45 which .provides:

I

Form 1 Page 2 Award No'. 7776 Docket No. 7624 2-ICG-BM-BK-'78 "The application of new employees shall be approved ox disapproved within sixty (60) days after the applicant begins work, except in the event of applicant giving false information, approval r::ay be xevoYed at any time. EmpJ.or-nent shall be considered temporary until application has been approved," Carrier's position is held to be correct herein Rule 45 governed -this employment relationship. Such relationship was temporary until the employment application -was accepted. Said application was not accepted. Carrier is not required under Rule 45 to give any reason to justify its disapproval of any emplo5nnent application. baring the temporary employment period involved under. .Fuze 45, the Investigation Rule has no application. Here, equity is being sought and this Division is an improper forum therefor. Employees allege that Claimant told the employing .officer as to his damaged knees and requested whether such vrould affect his employment chances with Carrier. He allegedly received assurance that it would not. Claimant in reliance thereon relinquished his nitre (9) years seniority elsewhere. However, for whatever tt-e reason, Claimant failed to record the fact of his disabilities on either his employment application, on June 8th, or on the employe data record, on July 9th, 1976. Carrier discovered during Claimant's first week of ern.p7_oyment that he had suffered an injury to his knee in August 1975 and that he had received medical treatTnent therefor as late as up to June 1+, 1976. No valid basis existed for C~l.asmant's -writhholding such relevant medical information. Such was pertinent to enable a proper conclusion to employ or not. Consequently withholding that info,riLat9.on placed Claimant in the posture of having falsified his employment application. This claim will be denied. Such denial, -which includes both parts of the Claim, voids the necessity of reaching or passing comment on part 2 thereof. A W A R D Claim denied. Attest: Executive Secretary National Railroad Adjustment Board NATIONAL RAILROAD ADJUS`MIFM BOARD By Order of Second Division seznar:i.e -L~ra'ch - ..cL;iit.istrat-i.ve ~ssi.tant Dated at Chicago, Illinois, this 20th day of December, 1978.