NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22954
Rodney E. Dennis, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE;
(The Baltimore and Ohio Chicago Terminal
( Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8798)
that:
(1) Carrier violated the Agreement between the Parties when, on
May 19, 1978, it notified Employe Diane M. Smith that her employment application
had not been approved, thereby terminating her employment as of that date,
and
(2) Because of such action, Carrier shall now be required to return
Mrs. Diane M. Smith to service with all rights unimpaired and compensate her
for all wage losses sustained from May 19, 1978, and continuing until the
matter is corrected.
OPINION OF BOARD: Claimant, Diane M. Smith, was an extra clerk at Carrier's
Barr Yard facility in Riverdale, Illinois. She had a
seniority date of October 10, 1977. On May 19, 1978, she was dismissed from
service for allegedly falsifying her employment application.
Claimant contends that while walking in the yard on March 15, 1978,
she was overcome by fumes. She fainted, bumping her head. Upon recovery,
she refused medical attention. At a later date, she approached the company's
claim department and requested a settlement, contending that she had been
injured. The medical department kept her out of service, effective April 7,
1978, in order to perform medical examinations and conduct,ather investigations.
In the process of this investigation, Carrier learned that claimant
had been involved in a personal injury claim against an insurance company
on a previous occasion, prior to working for Carrier. This information was
received by Carrier on May 1, 1978.
On May 17, 1978, a hearing was held to ascertain whether claimant
had falsified her employment application when she applied for work with
Carrier in 1977. The hearing officer concluded that claimant had-failed
to indicate on her employment application that she had brought a personal
Award Number 22964 Page 2
Docket Number CL-22954
damage claim in 1974. This failure to mention this claim on the employment
application constitutes falsification of the application.
Rule 54 of the schedule agreement states that if, after an employe
has begun work, it comes to light that there has been a falsification on
his or her application, the Carrier may bring charges within 30 days of
learning of
that falsification.
The record of this case clearly established that claimant was
involved in a personal injury claim that was not reported on her employment
application submitted to Carrier. Carrier first learned of this incident
on May 1, 1978. After a review of claimant's employment application,
Carrier discovered the omission. Charges were brought and a hearing was
held on May 17, 1978. Claimant was subsequently separated from service on
May 19, 1978. This procedure took place well within the 30 day-limit
stipulated in Article 54 and the procedures of Article 47. The Union's
argument to the contrary is not persuasive in face of the record.
Review of the record of this case reveals that claimant did, in
fact, withhold information about a prior claim from Carrier when she failed
to answer properly Question 56 on the employment application. Rule 54
gives the company the authority to withdraw approval of an employment
application under such circumstances. This Board can see no reason why
it should not support the actions of Carrier in this case.
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 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.
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Docket Number CL-22954
A W A R D
The claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
//.i
Ecretary
Dated at Chicago, Illinois, this 28th day of August 1980.