PUBLIC LAW BOARD NO. 1760
Award No. 6
Case 1,b. 6
File No. MW-DEC-75-21
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk. and Western Railway Company
(Former Wabash Railroad)
Statement 1. Carrier violated the effective Agreement when it discharge Laborer
of Claim: James D. Hunter from the services of the Norfolk and Western Railway
Company, on March 7, 1975, unfailry in violation of Rule 20.
2. Carrier is guilty of unfair labor-practices.
3. Carrier shall now reinstate Laborer James D. Hunter to his former
position and he shall be paid for all time lost.
Findings: The Board finds, after hearing upon the whole record and all evidence,
that the parties herein are Carrier and Employee within the meaning of
the Railway Labor Pct, as amended, that this Board is duly constituted
by Agreement dated February 2, 1976, that it has jurisdiction of the
parties and the subject matter, and that the parties cure given due
notice of the hearings held.
Claimant Laborer was hired May 17, 1973 by Carrier. Prior thereto he had
been employed by a construction company. Claimant was dismissed by his
Division Engineer, on March 7, 1975, due to falsifying his application
for employment April 17, 1973. Claimant requested formal hearing which
was held April 4, 1975 .
As a result thereof such dismissal was sustained. Claimant was accorded
due process and ably represented. The record contains sufficient
evidence to support the conclusion that Claimant did, in fact, falsify
his application for employment dated April 17, 1973. He did, in fact,
materially misrepresent an injury received while employed with a former
employer as well as a personal injury claim susbsequently filed against
that Company. Said employment application contains the following state
ment above the applicant's signature line:
"I hereby certify that the answers in this application are true and
complete. I understand that any falsification, misrepresentation,
or significant omission will constitute just cause for dismissal
regardless of when discovered."
'pLS Moo
. -2- Award No. 6
All Divisions of the NRAB have consistently followed the doctrine
-that obtaining employment under false pretenses is grounds for
dismissal and that such a contract of employment is voidable
because such applicant deliberately misled the Carrier by withholding
vital information necessary to permit Carrier's proper and full
determination of whether it should hire such applicant.
in the circumstances, we are constrained to deny this claim.
Award: Claim denied.
A. J ingham, anploG. C. ds, C ier MT
' -'wan wart, Chairman
and Neutral Member
Issued at Atlanta, Georgia, May 25, 1977.