NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-24393
Robert W. McAllister, Referee
(International Brotherhood of Teamsters, Local
808
PARTIES TO DISPUTE:
(Long Island Rail Road
STATEMENT OF CLAIM: Return to service of Claimant John Svirdoff with full pay
for all time held out of service.
OPINION OF BOARD: John Sviridoff, the Claimant is a trackman employed by the
Carrier since
1970.
Acting upon the information developed at
a trial held July
16, 1981,
the Carrier dismissed the Claimant from service for
falsification of his employment application.
The facts set forth in the record are undisputable. On March 23,
1970,
the Claimant filled out an employment application and answered negatively to
the following question: "Have you ever been arrested? (Don't count traffic
violations.)" On July 2,
1981,
the Carrier was anonymously informed Claimant had
a criminal record dating back to
1950.
At the trial held on July
16, 1981
the Claimant
admitted he answered "No" despite the fact he had a previous arrest record.
The Organization, notwithstanding this admission, argues that Rule 9(B)
grants the Carrier the right to bring char es against an employe only during his first
sixty days of service. It contends Rule 9(B) controls in this matter and Carrier
has exhausted all reasonable time limits within which to charge the Claimant.
This Board concurs with the Carrier that Rule
9
does not .prohibit
dismissal of an employe for falsification of an employment application after sixty
days of employment. The Claimant's employment status was obtained under false
pretenses. This Board has clearly and consistently addressed like issues by
holding the Carrier to be fully within its rights to terminate individuals who
falsify employment applications regardless of length of service. We add this
decision to that body of unambiguous holdings.
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.
Award Number 24222 Page 2
Docket Number MS-24393
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
y
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day
of
March 1983.
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