AWARD NO. 120 Docket No. 120

SPECIAL BOARD OF ADJUSTMENT NO. 279

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

versus

MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the Committee that:
1. Carrier violated the effective Agreement especially
Rule 12, when it dismissed from its service, effective
July 7, 1971, Trackman L. N. Spikes, subsequent to
formal investigation held on June 25, 1971.
2. Carrier shall now reinstate Trackman L. N. Spikes to
' his position with seniority, pass and vacation rights
unimpaired, and time for 8 hours pay at trackman's rate
' for each regular work day and any holidays falling within
the period until reinstated plus all fringe benefits to which
'he would be entitled, and that such days he has lost will
be accredited to necessary qualifying days for vacation
each year, beginning May 28, 1971, plus 6% per annum on
the monetary allowance accruing from the initial claim
date until paid and reinstated as requested.
FINDINGS: The claimant falsified his application for employment by
misstating his employment history and denying that he had
ever been convicted of a violation of the law other than a minor traffic offense.
When the Carrier learned the true facts, the claimant was given notice of
investigation thereon and thereafter dismissed him from service.

The Third Division of the N. R. A. B. has consistently held that an employee who falsifies his employment application is subject to discharge, regardless of the time elapsed before discovery thereof. Such an established principle of adjudication may not be cast aside by referees in determining individual cases. If some change is desired in the philosophy underlying the rule, it should be achieved by agreement of the parties -

not by grievance adjudication.'

AWARD 120

Docket No. 120

AWARD: Claim denied.

SPECIAL RD OF ADJUSTMENT 140. 279

Dudley E.~V%hiting - C hai an

A. J. ningham mploye Member G. VV. Jo (Yon - Carrier Member

December 12, 1974

File: 247.-4862