NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21701
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Texas and Louisiana Lines)
STATEMENT
OF
CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Southern Pacific
Transportation Company - Texas and Louisiana Lines):
On behalf of Assistant Signalman William Preston Russell, Jr.,
Houston Division, for reinstatement to service without loss of pay and
rights unimpaired.
OPINION
OF
BOARD: On August 21, 1975, Claimant was notified to attend
an investigation on the following charge:
"You were charged with falsification of your
personal record, Form S-2946, signed by you on
July 26, 1974, when you answered 'no' to question
No. 19, 'Have you ever been convicted,' when
records of the Harris County Court No. 2 show
that you were arrested on May 7, 1973, in case No.
179844, charged with fleeing a police officer, and
that you were convicted of that charge on August 1,
1973, and received a (30) thirty-day jail sentence,
which was probated for six (6) months."
Subsequent to investigation, Claimant's services were
terminated.
There is no question that Claimant pled guilty to and was
convicted of (on August 1, 1973) the offense of "fleeing a police
officer", and that he was fined $149.00 ($100.00 fine and $49.00 Court
costs) and received a thirty (30) day jail sentence, probated for six
(6)
months. It is equally uncontroverted that on July 26, 1974, he
wrote "No" in answer to Question 19 on the employment application,
"Have you ever been convicted?"
Claimant requests this Board to accept his assertion that
he did not deliberately falsify his application because "I did not
know and I thought it was a speeding violation because of fleeing, I
was speeding." Moreover, he states that he was under the impression
that his probated sentence cleared his record with the Police
Devartment.
Award Number 21562 Page 2
Docket Number SG-21701
Although we have noted the Claimant's testimonial
assertions, there is simply nothing of record which would tend to
corroborate his stated misunderstanding of his history. The
conviction occurred less than one year prior to his falsification so
that the events should not have been vague in his mind. Further, he
testified that he had signed a piece of paper concerning the 6 months'
probation "...and if I recived any offense, I would be put in jail."
We can only conclude that his falsification was deliberate.
Item 26 of the application form signed by Claimant clearly
warns that false statements contained therein will justify and cause
termination.
Carrier cites a number of Awards which have concluded that
falsification of an employment record is a proper basis for dismissal.
There is nothing contained in this record which would impel us to
reach a contrary conclusion.
FIATDINGS: 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 Employes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim d `\
enied.
~~ -
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATM ST:
gal
Dated at Chicago, Illinois, this 31st day, of may
1977.