PUBLIC LAW BOARD N0. 2182
Parties Brotherhood of Maintenance of Way Employes
to - and
Dispute Southern Pacific Transportation Company .
-Texas and Louisiana Lines-
Statement 1. Carrier violated the effective agreement when Houston Division 8&B Helper
of J. J. Walker was unjustly dismissed on January 3, 1978.
Claim . 2. Claimant J. J. Walker be reinstated to his former position with pay for
all time lost and with vacation, seniority and all other rights unimpaired.
Findings The Board, after hearing upon the whole record and all evidence, finds that
the parties herein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, that this Board is duly constituted by Agreement dated
May 22, 1978, that it has jurisdiction of the parties and the subject matter,
and that the parties were given due notice of the hearing held.
Claimant was employed as a B&B Helper on Carrier's Houston Division on September
15, 1976. He was advised by letter dated January 19, 1978 that he was dismissed. Said letter read as follows:
"For your responsibility in falsification of your personal record,
Form S-2946, signed by you on September 13, 1976, when you answered
"No" to question No. 15, "Have you ever been injured? If
injured, did you present a claim? ", your 'services
-_
with the Southern Pacific Transportation Company are terminated
effective at 3:30 PM, January 19, 1978, as per No. 26 on Form S-2946,
which reads: "I hereby declare that the information given in the
foregoing is true and correct and that any misrepresentation or false
statement herein will justify and cause termination of my service
regardless of when such fact may be discovered by the Company."
The Claimant requested a hearing, which was granted. The hearing was held
February 9, 1978. As a result of the evidence adduced thereat Carrier concluded
that Claimant. was proven guilty as charged. He was so advised, by letter
dated February 10, 1978, that the decision of dismissal was sustained.
Award No. 17
-c9
Page 2
There are no procedural objections to precludinq our review of the case on
its merits. Sufficient competent and credible evidence, including Claimant's
testimony, was adduced to demonstrate that Claimant falsified his application
for employment. In fact, while Claimant testified that he had not received
any compensation from the former employer in question, the records from the
State of Texas, Industrial Accident Board, at Austin reflected that Claimant
had claimed a serious injury, was off from work because of this, injury, had
hired an attorney and had received a compromised settlement of $2,740.00.
Additionally, Carrier demonstrated that Claimant had not been telling the
truth when he attested that his injury at Allied Pipe and Supply Company,
Inc. was of minor nature, he had not lost over two days time and that he had
not received any compensation therefrom. Yet, the records from the State
of Texas Industrial Accident Board revealed that Claimant Walker received
an injury, which he alleged there was of a serious nature, as a result thereof
he was unable to work, he hired an attorney, and Claimant Walker received a
compromised settlement in the amount of $1,770.00.
Claimant, by falsifying his employment application had wilfully mislead Carrier
while providing cause for it to make an employment judgment based on less
than the full facts. Such deception when, as here proven, has been a consistant
basis for discharge.
Judge Stone, in Second Division Award 1934 held:
"A record of several recoveries for injury in previous employment
may have other implications other than that of physical disability
and is a proper subject of inquiry and investigation. Such investigation as to prior injuries cannot be made in absence of knowledge
of them. To deny carrier the right to discharge on learning of
false denial of prior injuries is to deny it the right to discharge
on learning of false denial of prior injuries is to deny it the
right to investigate the true record of an applicant, and that
right is not waived by lapse of time in the absence of knowledge
of the false answer."
- - < < Page 3
4wlo
17-;L/69-
Similarly, Second Division Award 6391 held:
"The employment application is a tool which the Carrier may
appropriate use in his employment decision for either rejection,
or further investigation prior to making a decision. In this
case an accurate answer to Question 14 would at minimum have
given the Carrier the option of further investigation."
Second Division Award 6013, also held:
"It is the opinion of this Board that Carrier has the right to demand
a high degree of integrity from its employes and has the right to
insist upon truthful and accurate statements made in their applications for employment. Carrier has successfully supported each
and every contention of the Organization and has left the Claimant
void of any defense. Claimant was dishonest in furnishing false
information when completing his personnel record form prior to
going into the service of Carrier on July 17, 1968, which gave
Carrier the right, under Rule 801, to dismiss Claimant from
service. Therefore, this claim will be denied."
Third Division Award 18103 typifies the view of the various Division of the
National Railroad Adjustment Board as to the doctrine that may be held when
there is lapse of time between the filing of the employment application and
the discovery that such had been falsified. There Award 18103 held:
"This Board has consistantly held that an employe who falsified
his employment application, irrespective of the elapsed time between
the date of the application and the date when falsification was
discovered, is subject to discharge."
In the circumstances Claimant, who had received a fair and impartial hearing,
was found guilty as charged and was properly dismissed. 'This Claim will be denied.
Award Claim denied.
ellc.
M. A. hristie, Employee Member R. W. Hickman, Carrier Member
G
Ar~A~th~1V~hur T. Van Wart, Chairman
and Neutral Member
Issued at Wilmington, Delaware, March 31, 1979.