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: 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.



                  Haroqd'M-: Weston, Chairman


    ,C .arrier Me" r Employee Member