Form 1 NATIONAL RAILROAD ALITUSTMENT BOARD Award No. 9896
 SECOND DIVISION Docket No. 9850
 2-IHB-F&O-'84
 The Second Division consisted o f the regular members and
 in addition Referee W. J. Peck when award was rendered.
 ( International Brotherhood of Firemen and Oilers
 Parties to Dispute:
 ( Indiana Harbor Belt Railroad
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Labor Randall L. Will was unjustly dismissed from service of the Carrier following trial held in absentia on March 26, 1981.
2. That, accordingly, the Carrier be ordered to make the aforementioned Randall L. Will while by restoring him to Carrier's service, with seniority rights unimpaired, made whole for all vacation rights, holidays, sick leave benefits, and all other benefits that are a condition of employment unimpaired, and compensated for all lost time plus ten [10%J percent interest annually on all lost wages, also reimbursement for all losses sustained account of coverage under health and welfare and life insurance agreements during the time he has been held out of service.
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 or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute in vol ved herein.


This dispute involves the following facts and circumstances: Claimant was employed as Laborer*by the Indiana Harbor Belt Railroad, hereinafter, referred to as the carrier, at Carrier's Gibson Engine House, Gibson, Indiana. On date of March 23, 1981, Carrier sent a directive to Claimant instructing him to appear for trial in the office of the General Foreman at the Gibson Engine House at 10:00 a. m. Thursday, March 26, 1981. The purpose for which the trial was called was allegedly:



Form 1 Award No.. 9896
 Page 2 Docket No. 9850
 2-IHB-F&0-' 84
Claimant was also advised that he could arrange to have a representative of his Organization and/or witnesses present if he desired. Testimony at the trial indicates that Claimant did receive and did acknowledge receipt of the notice of the trial. The trial was held as scheduled but postponed approximately 33 minutes to allow Claimant's representative, who was present, time to contact the Claimant: who had not appeared. The record indicates that Claimant's representative was able to contact Claimant who advised that he would not appear as he did not receive the notice letter at his address on the 23rd of the month and had made a doctor's appointment and "could not come at the present time". Claimant apparently did not request a postponement, and the trial was then held with Claimant "in absentia". Claimant was charged "falsification of his employment application" during the course of the hearing we find the following:






                  Mr. Schiewer: When an employee contacts the I.H.B. Railroad requesting employment, do they fill out an application for employment?


                  Mr. Fazekas: Yes, they do.


                  Mr. Schiewer:`And is this application for employment filled out in the person's own handwriting?


                  Mr. Fazekas: Yes, it is.


                  Mr. Schiewts-r: Would this be a copy of the application for employment prepared by Mr. Randall L. Will?


                  Mr. Fazekas: Yes, this is a copy of the application for employment prepared by Mr. Randall L. Will. .


                  (Here the application for employment was shown to Claimant's representative.


                  Mr. Schiewer: One o f the questions asked and I quote, 'Have you ever been injured?' What was the answer indicated by Mr. Will?


                  Mr. Fazekas: Mr. Will answers under item ##2 on application, no.


                  Mr. Schiewer: Did Mr. Will indicate where he was previously employed prior to the application prepared?


                  Mr. Fazekas: Yes, under 'Previous Employment History' in Mr. Will's own Handwriting, it states Gust K. Newberg, 'Type of Business-Construction' employed from January of 1967 to March of 1979 as a Laborer.


                  Mr. Schiewer: And at that particular trial did you question Mr. Will in regards to his past injuries that he may have received?

Form 1 Award No: 9896
 Page 3 Docket No. 9850
 2-IHB-F&O-'84
        "Mr. Fazekas: Yes, I did.


        Mr. Schiewer: And could you state for this trial what Mr. Will's answer was?

        Mr. Fazekas: I asked Mr. Will if he had any past injuries to his back at

        anytime, and Mr. Will Is answer was, 'Not with the railroad,

        I didn't.

        I asked Mr. Will, did you ever have an injury at one time or

        another? He stated, 'I pulled a muscle a long time ago in

        m y back, but it was nothing, nothing compared to this, no

        real time lost or anything, just a pulled muscle, no ruptured

        discs of anything because I had X-rays and everything checked

        out.

        Mr. Schiewer: With reference made to Mr. Will Is statement that he had had

        a previous injury, have you obtained any information regarding

        where that injury did occur?

        Mr. Fazekas: Yes, when Mr. Will was employed with the Gust K. Newberg

        Company he was injured. in fact, he had a back injury. I

                  obtained his information through Gust K. Newberg... the state,

                  lots of treatment for back problems, no surgery.


                  Mr. Schiecer: bb you have a copy of the pre-employment examination request prepared by Mr. Will?


                  Mr. Fazekas: Yes, I do.


                  Mr. Schiewer: Is one of those areas in regards to previous back injuries?


                  Mr. Fazekas: Yes, one of the areas is so indicated, Back trouble, Lumbago or Sciatica.


                  Mr. Schiewer: And what was Mr. Will's answer to the question regarding his back injuries?


                  Mr. Fazekas: His answer was no.


                  Mr. Schiewer: Is this application signed by Randall L. Will?


                  Mr. Fazekas: Yes, under 'Applicants Signature,' it is signed, Randall L. Will.


                  Mr. Schiewer: Therefore, Mr. will was knowledgeable according to the form you just read that anything short of the truth in the preparation of this paper could be grounds for dismissal.

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Form 1
 Page 5
Claim denied.
ATTEST
 Nancy J. vf - Executive Secretary

Award No. 9896

Docket No. 9850

2-IHB-F&O-'84


A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Second Division
Dated at Chicago, Illinois, this 9th day of May, 1984