BEFORE
PUBLIC LAW BOARD NO. 6054
IN THE MATTER OF THE ARBITRATION BETWEEN:
THE NATIONAL RAILROAD PASSENGER )
CORPORATION (AMTRAK) ) AWARD NO. 6
CASE NO. 6
AND )
THE BROTHERHOOD OF MAINTENANCE ) Discharge of
OF WAY EMPLOYES ) Richard Denman
CLAIM:
1. The dismissal of Truck Driver Richard Denman for his alleged
falsification of his employment application and dishonesty in
connection therewith was without just and sufficient cause, in
violation of the Agreement, based on unproven charges and
excessive and undue punishment (Case No. 576.00).
2. As a consequence of the violations referred to in Part (1) above,
Truck Driver Richard Denman shall `. . . now be reinstated to
the service of the Carrier to his former position with seniority
and all other rights restored unimpaired, compensated for all
wage and benefit loss suffered by him beginning on the date
the Claimant was dismissed and continuing, and the alleged
charge(s) be expunged from his personal record.'
FINDINGS:
This Board, upon the whole record and all of the evidence, finds that the parties herein are both
the Carrier and the Employees within the meaning of the Railway Labor Act, as amended; that
this Board is duly constituted by Agreement dated August 5, 1997, and has jurisdiction over the
parties and the subject matter.
Grievant was employed by the Carrier as a Truck Driver. As the result of the behavior in the
case covered by Award #4 of this Board, Carrier investigated to determine whether Grievant had
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Denman Discharge
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prior offenses of a similar nature. In the course of that investigation, it was discovered that he
had a record of criminal convictions in the Commonwealth of Massachusetts, and that he had
denied such convictions on his employment application.
The evidence is clear. Carrier's asserts that the nature of those convictions is relevant to any
decision whether or not to hire the Grievant. If grievant had not falsified his application, the
Carrier asserts that he never would have been hired.
Under these circumstances, we find that the discharge was appropriate.
AWARD:
Claim denied.
aine R. Johnson
so
Neu
eu Member
i
and Sandler
Carrier Member
Donald D\81'thOlOmay
Employe~ember