Public Law Board No.
3514
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
Consolidated Rail Corporation
STATEMENT Claim in behalf of R. V. Ferguson for reinstate
CLAIM: ment and all loss of pay resulting from his
dismissal on November
14, 1979.
FINDINGS: The evidence supports Carrier's findings that
claimant falsified his application for employ
ment dated September 6-,
1972
by replying in the
negative to the question:
"Have you ever been arrested?"
The record shows that claimant had been arrested
and convicted for serious crimes in
1941, 1943, 1949
and
1952.
There is no question but that he replied falsely to a material
question in the employment application of September 6,
1972.
There is no evidence that claimant has acted
improperly since
1972.
His seven-year record of employment with
Carrier' is unblemished and there is no indication that he will not
continue to be a satisfactory employe and member of society.
Award No. 15
-.3511
Case No. 22
AWARD: Claimant to be reinstated with seniority rights
unimpaired but.without back pay. To be effective
within 30 days.
Adopted at Philadelphia, Pa., October 4, 1984.
1
~ Z
Haroqd'M-: Weston, Chairman
,C .arrier Me" r Employee Member