SPECIAL BOARD OF ADJUSTMENT N0. 924
PABTIESs
Brotherhood -)Of Maintenance of Way Employes
TO s
DISPUTE: Chicago
and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of
the System Committee of the Brother..
hood Chats
(1) The dismissal of Trackman D. C.. Stephen for alleged
falsification of his employment application was without
just and sufficient cause. (Organization File 4D'-4.42§;
_ Carrier File R1-84-146-D).
(2) Claimant D'. C'. Ste ~hen shall be allowed the remedy prescribed in Rule 19 d)."
Award No. 46
'Docket-No-
56
This Beard, upon-the whole record and all the evidence,
finds and holds that the employes and the Carrier involved, are
respectively employes Qnd Carrier within the meaning of the Railway Labor Act as amended, and that the 8'oard has jurisdiction
over the dispute herein.
Claimant,, formerly employed by the Carrier as a ttackmsan, with about six years of service, was instructed on January
25. 1984, to appear for a hearing scheduled for
9·30 A.M.,
February 1, 190, on the charrre:~
"Your responsibility in connection with falsification of
.your employment application for the Transportation Company
dated September 14, 1978, when you failed to provide essential
send accurate information concerning your past falany and
misdemeanor conviction record."
The hearing was conducted on the date scheduled,
but at a later hour. Claimant was present and
represented""
A copy of
the'transcript of the hearing has heen.made a part of
the record*
In the hearing it was developed.thAt on claimant'a employment application, completed on September
14,
1978, claimant
denied of ever being convicted of a felony or misdemeanor. In
the hearing there was substantial evidence that claimant had
been.convicted'of at least one felony and several misdemeanors
prior to his application, but he failed to disclose such facts
to the Carrier. The Carrier-states that if it had
had knowledge
5&&,4 Fay .
Award-No. 46
Docket No. 56
Page 2.
Of claimant's convictions, he would not ha ve been employed:.
C`laimant's application, a copy of which was made a part of the
hearing, states::.
- "I-understand that any false statement, or snswerr
- aantainea herein will tie grounds for immediate dismissal from the C&NW Transportation Cb."
It wp_s developed` that claimant was on probation as a
result of a felony conviction at the time he signed the application
for employment form. Also, claimant's criminal record showed
vartous other law violations.. .
Numerous awards have been issued by.the Divisions of the
National H'aLilroad Adjustment ffoard~upholding the dismissal of
employes for falsification of apalications for employment,
regardless of the time following the date of the aDDlication and
when the falsification is discovered. Further; we note that
claimant's prior discipline record while in C'Rrrier's service
was fpr from satisfactory. There is no proper basis for disturbing the discipline imposed by the Carrier.
A W A A D
Claim denied.
aA~i
Chairman, Neutral Member-
.~~
~_~-
Wrier Member- Labor Me
Dijted: