BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 986
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (AMTRAK) -
Northeast Corridor
STATEMENT OF CLAIM: "Claim of System Committee of the Brotherhood
that:
1. The dismissal of Trackman Sam Taylor for alleged
violation of Rule F of the Amtrak Rules of Conduct was
unwarranted and on the basis of unproven charges and in
violation of the Agreement (System File NEC-BMWE-SD-2964 D).
2. The Claimant shall be reinstated to service with
seniority and all other rights unimpaired, his record
shall be cleared of the charges leveled against him and
he shall be compensated for all wage loss suffered.
FINDINGS:
Claimant Sam Taylor, a trackman assigned to the Tie/Rail
Unit, notified the Carrier by letter on March 26, 1991 that he
was being held in the Newport News, Virginia jail pending parole
violations, including having tested positive for cocaine. Along
with the letter, he forwarded to the Carrier a document
which
provided information that he was convicted of the felony uttering
and forgery in June of 1984, sentenced to six years in prison and
released on parole in October of 1987.
The Claimant was dismissed from service on October 21, 1991
pending a hearing when he was found guilty of the charge of
violating Rule F(3) of the Carrier's Rules of Conduct. The
Carrier contends that the Claimant falsified his employment
application when he did not admit to any prior convictions of a
~o~-
l~a--
felony, when, in fact, he was on parole from such a conviction in
7.984.
The parties
being unable to resolve the issues, this
matter came before this Board.
This Board has reviewed the evidence and testimony in this
case and we find that there is sufficient evidence in the record
to support the finding that the Claimant was guilty of falsifying
information on his employment application when he did not include
information relating to the previous felony conviction.
Once this Board has determined that there is sufficient
evidence in the record to support the guilty finding, we next
turn our attention to the type of discipline imposed. This Board
will not set aside a Carrier's imposition unless we find its
action to have been unreasonable, arbitrary or capricious.
In the case at hand, the Claimant was convicted of a very
serious offense of dishonestly completing his employment
application. Dismissal for falsifying employment applications
has been supported by many awards rendered at the National
Railroad Adjustment Board and on Public Law Boards. The Claimant
in this case had little more than a year's service before
committing the parole violations that led to this incident.
This Board can find no reason to set aside the Carrier's action
in this case. Therefore, the claim must be denied.
2
3
s:
q
AWARD
Claim denied.
Neutr l~ ember
Carrier Member
(/
,. Or nization Member
Date:
~'~S- '`!~
3
'i
s;