(International Brotherhood of Teamsters, Local 8018 PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Appeal of discipline of dismissal.

 OPINION OF BOARD: On June 22, 1981, a trial was held to determine the
 responsibility of V. DiTomasso, the Claimant, in connection with the charge of falsifying his employment application on October 20, 1967. An employe from that date, the Claimant was, as a result of that trial, dismissed from service.

 The Carrier charge is based upon Claimant's admittedly false answer to the employment application question, "Have you ever been arrested?" The answer was "No". Claimant listed his employment from 1951 through 1962 as a welder for Helm Iron Works, while, in fact, he was incarcerated for parts of that period.

 The Organization, relying on Rule 9B, contends the Carrier on two previous occasions has held investigations concerning charges identical to this matter. Two witnesses attested to this assertion stating one investigation was held in 1968 and another in 1974 or 1975. The Organization and Claimant candidly admit the Carrier's charges are true, however, it claims Carrier's knowledge of Claimant's previous arrest record precludes this action.

 Undoubtedly, this matter substantially involves conflicting evidence and matters of credibility. This Board has in the past clearly enunciated the principle that as an appellate tribunal, matters of credibility are determined by the Hearing Officer. Based on the record before us, the Carrier's determinations of those issues cannot be described as arbitrary. We find the evidence consistent with a holding reasonable grounds exist to support Carrier's determination of guilt.



This conclusion is not altered by the lengthy passage of time between the date of application and the date when falsification was discovered. We are compelled by the record to uphold the 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 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 ADJUSTMENT BOARD

                    By Order of Third Division


          Attest: Acting Executive Secretary National Railroad Adjustment Board


By _
 -1007 Rosemarie Brasch - Administrative Assistant
 Dated at Chicago, Illinois, this 14th day of March 1983.
 . R~e~ivF,0
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