(Brotherhood of Maintenance of Way Employer PARTIES TO DISPUTE: (The Chesapeake and Ohio Railway Company (Southern Region)

(1) The dismissal of Trackman Carl Winston, Jr. was without Just or sufficient cause and was exceedingly disproportionate to the offense with which charged (System File C(So)-D-533/mG-2047).

 (2) Trackman Carl Winston, Jr. shall be reinstated to service and all other benefits and remedies prescribed in Agreement Rule 21(e) shall be extended and applied to the claimant."

 OPINION OF HOARD: On April 28, 1976, claimant, in applying for
 employment with the Carrier as trackman, completed
 an Application for Employment and Placement Health Questionnaire, as is
 required of all applicants seeking employment with the Carrier. The
 application for Employment contains the following statement:

The Placement Health Questionnaire contains a similar statement which reads:



While working for the Carrier, claimant received several onduty injuries. In investigation of th claimant had sustained several injuries while employed with the Morison Cue, Elgin, Illinois, and that neither his prior injuries nor his employment with the Morison Company had been disclosed on his Application for Employment or the Placement Health Questionnaire.

 0n October 26, 1977, Carrier's Manager-Engineering addressed a letter to claimant reading:

            "Attend investigation to be held in Manager of Engineering Office, 2600 Parsons Avenue, Columbus, Ohio, at 10:00 AM, Wednesday, November 9, 1977.


            "You are charged with falsification of Application for Employment and Placement Health Questionnaire completed by you on April 28, 1976, by concealing facts concerning previous injuries sustained by you covered by health portion of the forms, which information was made known on October 25, 1977.


            "Arrange for representation and/or witnesses if desired."


The investigation was conducted as scheduled, and on November 23, 1977, the Manager-Engineering notified claimant that it had been found that he was at fault for falsification of Application for Employment and Health Placement Questionnaire by concealing facts concerning previous injuries, and that he was dismissed from the service of the Carrier.

 The Board has carefully reviewed the transcript of the investigation, including claimant's state misrepresent facts on his Application for Employment concerning his employment with the Morison Company, and his injuries while employed by that Company. A letter from the Morison Company was read into the investigation, which showed that claimant had had three injuries while employed by that Company.

 This Board has consistently held that employes who falsity employment applications are subject to discharge, despite the lapse of time between the date of application and the date of discovery. Awards 11328, 14274, 18103, 18475, 20507 and 21562.

        The claim will be denied.


As we have decided the case on its merits, it is not necessary to pass upon the procedural issues raised.
                  Award Humber 22562 Page 3

                  Docket Humber W-227385


        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 inqolved 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 denied.


                        NATIONAL RAILROAD ADJDSTMERT HOARD

                        By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 16th day of October 1979.