Upon the whole record. after hearing, the Board finds that the martzes he=rein are Carrier and Employees within the meaning of the Railway Labor Act, as amended. and that th.ys Board is dul·. constituted under Public Law 89-..4.56 and has jurisdiction of the parties and the subject matter.
C1-.zmarIt filled out an employment aDol.ication on : ril 1.1. 19A4 for -a position in Carrier s Maintenance- -?f- .WaY__ department. ! I= entered Carrier's service in that department on May 10, 1184.
On July 23. 1985. Claimant had an on the job related accident which was reported. He had also reported an accident on July 11. 1985. As -5 result of -these accidents Carrier investigated Claimant's earlier history including his medical history. Following that investigation. Carrier charged Claimant with knowinnlv falsifying his application. Following investigation he was dismissed for- this infraction by letter dated May 5. 19855.
The investigation produced evidence that in response to question No. ? which soerificallv ask-s whethe=r theapolicant had had- an inrury oreviouslv or had been represented by attorney in previous claims, Claimant responded "N/A." Claimant also failed to show his, last employer in .1984 and-the fact that an injury occurred while h4= was in the employ of that company. In fact. an iniurv occurred approximately one month prior to his aoolication with this emplover, and that injury resulted in a Workman s Compensation-claim for which Claimant had retained an attorney.
Tt. is apoarentfrom the record that Claimant. knowinolv failed to respond honestly to the ouestions propounded in the employment application and Carrier wa=s corrects inits determination that he was ouiltv of the charges.- The claim must be denied.