AWARD N0.
219
Case No. 248
PUBLIC LAW BOARD N0. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA
FE
RAILWAY COi-JPA1sY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF
CLAIM:
Claim t4at former Trackman D. T. Weat, Illinois
tv s once restated to service with seniority, vacation, all
benefit rights, and pay for all wage loss and/or otherwise made
whole, account unjustly removed from service for falsification of
his application for employment.
FINDINGS: This Public Law Board
Tao.
1582 finds that the parties
nsn re Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant was discharged for falsifying his employment application.
The Board has examined the transcript.of record, and the evidence
leaves no doubt but that the claimant did, in fact, falsify his employment application. The Superintendent of the Illinois Division
testified that had he known at the time of employment that claimant
had been convicted of a crime prior to his employment, he would not
have given his final approval.
The employment application itself contains a clause which states:
"Any misrepresentation in this application is sufficient cause for
discharge.' The claimant signed that employment application, and
falsification as stated above justifies cause for discharge. The
Board has no authority to set the discharge aside.
AWARD: Claim denied.
CHICAGO, ILLI"JOTS
February 17, 1983
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