File 910054


Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific)

Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when Trackman R. G. Lewis was dismissed on October 4, 1990.

        (2) Claim on behalf of Mr. Lewis for wage loss suffered, until reinstated with seniority, vacation and all other rights unimpaired.


        Findings: The Board has jurisdiction of this case by reason of the parties Agreement establishing this Board therefor.


        The Claimant, Laborer R. G. Lewis, following a formal investigation held on September 21, 1990, on the charge:


        "Falsification of Application for Employment with the Union Pacific Railroad in July 1989, by furnishing false information during interview, on the employment application and medical history Form 16901 including false information with respect to prior injuries, accident, medical conditions, disabilities and disability compensation."


        Carrier concluded therefrom that Claimant was found to be culpable. He was dismissed from service as discipline therefor.


        Claimant was accorded the due process to which entitled under his discipline rule.


        There was sufficient evidence adduced to support the Carrier's conclusion that he had falsified his employment application with Union Pacific Railroad in July 1989 by furnishing false information during the interview and on the employment application. Also with his medical history, including false information with respect to prior injuries, accidents and medical conditions, disabilities and disability compensation.


        The discipline of discharge is consistent with similar measures of discipline accorded similar cases in the past.

                        -2- Award No. 521


Award: Claim denied.

'4'r 44"-V~ '~%- A~e zqg
S. A. Hamnons, Jr., Employee Member R.-0. Rock, Carrier Member

              A t ur . Van wart, C~a rman

              and Neutral Member


Issued April 24, 1992.