PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO; ) DISPUTE) BROTHERHOOD OE MAINTENANCE OF WAY EMPLOYEES

 STATEMENT OF CLAIM:

 1. That the: Carrier°s decision to remove Southern Division Trackman T. La Brow= from service was unjust.

 2.. That the Carrier now reinstate Claimant Brown with seniority,
 vacation, all benefit rights unimpaired and pay for all wage loss
 as a result of investigation held January 9, 1984 continuing forward
 and/or otherwise. made whole, because- the Carrier did not introduce
 substantial, creditable evidence that proved that the Claimant vio
 lated the.rnlewenu=rated in their decision, and even if Claimant
 violated the rules enumerated is the decision, permanent removal from
 serves is extreme and harsh discipline under tances.

 FINDINGS, This Public Law Board No. 1582 finds that the parties
 ereF'a'~=a are Carrier and Employee within the moaning of the Railway Labor Acs,. as amended, ono tat this Board has jurisdiction.

 In.thfim dispute the claimant was char-ed:with falsifying an application, for employment. An investigation was held and pursuant to the investigation the claimant was discharged from,the service of the Carrier, for falsifying. his application.

 The- evidence establishes that the claimant checked that he had never been convicted of a crime and the claimant had answered, no.

 The Carrier introduced evidence that the claimant had in fact been found guilty of theft on two occasion& and that such charges were felonies. The claimsnt testified that he pledged "no contender" fnola enatendaxt) and the judges told him that it would not go against his record.

 Perhaps, it is true the claimant wasunaware that felonies had been placed against his record, but that: it is immaterial for the reason that he was aware that he had been convicted and he made a false statemenzin the application. Making a false statement in a application. which would prevent the Carrier from employing the applicant is a justifiable cause for discharge.

 Under the circumstances, there is = support for the claim.

 AWARD: Claim denied.
 PLB - 1582 ~5-g~- award No. 257
 Page 2
 Preston ore, eutra

                                      ;2

                                Organization Member


                                CArxier Member


Dated at Chicago,. Illinois February 2o, 1984.