P?J.tTIES) T:iE ATCHISOid, TCPEY.% AND SANTA FEE l7_kILW-kY CM,12A"71-

 DISPUTE) BROTHERHOOD OF MAINTEN?~NCE. OF WAY E'XPLOYEES

 STATEMENT OF CLAEI:

 1. That the Carrier's decision to remove Plains Division Trackman
 C. C. James from service was unjust.

 2. That the Carrier now compensate Cla,mand with seniority, vaca
 tion, all benefit rights unimpaired and pay for all wage 1css begin
 ning July 22, 1982 continuing forward and/or other-ise made whole,
 because tae Carrier did not introduce sucstantial svidence that
 ,roved that tha Claimant violated the rules enu:ceruted i:, the-::
 cecision, and even if Claimant violated the rules enu-erated in
 the decision, permanent removal from service is atreme and ha=s:
 discipline under the circumstances.
FINDINGS: This Public Law Board No. 1332 finds taat the parties ::erTe=n are Carrier and Employee within tha meaning of the R allwny Labor act, as amended, an.: that t: is Board 1-1-as jurisdiction.

 In this dispute the claimant was notified to attend an in.vestigatJ_on to determine his responsibility in allegedly falsifying his application for employment dated February 23, 1961. Pursuant to tae vestigation the claimant was found guilty of falsif;ring his apnli_ation for employment :which asked tae question: ".-:aye you ever oeeconvicted of a crime?" The claimant answered i:. the neative when. _:. =act, he had been convicted or, five separate counts ranging fro:a ~urglary, driving while license suspended and public intoxication.

 Tae evidence of record establishes that the claimant filed artliaation for employment on February 23, 1931, and thereon in response cc a question regarding whether he had been convicted of a crime, he responded in the negative.

 The evidence further establishes that on January 3, 1975 the clai::aant.pled guilty to the offense of burglary and was sentenced to a six year term which was suspended, and the claimant was placed on probation. subject to the terms-of the court. The evidence a:Lso establishes that the claimant had pled guilty to some minor offar_ses wHich constituted misdemeanors. The claimant testified that he dinot believe the earlier offense would be considered.

 A six year sentence for a felony is a serious offense and certainly the Carrier was entitled to that knowledge in order to reach the
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determination whether to accent the clai=anc =or emnlo·rcant. :;::a:.
 an applicart wrongfully answers a question w"licIn result in
 the Carrier's refusal to employ him, the act constitutes justifiable
 cause for discharge when the Carrier gains knowledge of such Infor
 mation. Under the circumstances there is no justification to set
 the discipline aside.

 Ki 13D: Claim denied.

                              Preston J . .Moor e , C::ai-roan


                                              v 1.1. t.~.


                                rganiztion Member ·'


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                              Carrier .-I -be-