RATIONAL RAILROAD ADJUSTMETIT HOARD
THIRD DIVISION Docket Number M9d-20631
Robert A. Franden, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Norfolk sad Western Railway Companyy
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Laborer Larry Wendland from service as of
October 22, 1973 for allegedly "falsifying your employment application
dated February 17,
1969"
was without just and sufficient cause and in
violation of the Agreement (System File MW-MOB-73-1).
(2) Mr. Larry Wendland shall be reinstated, his record cleared
and payment be made for the assigned working hours actually lost, all in
accordance with Rule 20(g).
OPINION OF HOARD: Claimant was dismissed from the service of the Carrier
for falsifying his employment application. In response
to the question, "Have you ever been convicted of a crime?", the Claimant
wrote "No". There is no dispute as to the fact that at the time the
application was made, the Claimant had indeed been convicted of a felony.
The Claimant obtained his employment by fraudulently representing himself. The Carrier was fully
contract. The mitigating circumstances argued by the organization
cant overcome the well established precedent of this Hoard that
obtaining employment by false pretenses is grounds for dismissal.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the agreement was not violated.
Award Humber 20507 page 2
Docket Number MW-2o631
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 8th day of November 1974.