NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12615
Docket No. 12550
93-2-92-2-72
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Union Pacific Railroad Company
PARTIES TO DISPUTE:
(International Brotherhood of Electrical
(Workers
STATEMENT OF CLAIM:
"1. (a) Did the Carrier prove by substantial evidence
that Electrician G. L. Strachan was insubordinate
when on March 19, 1991, he failed to comply with
his supervisor's instructions to submit to a random
drug test in violation of Carrier Rules A, B, 600,
and 607(3) of Form 7908, and the Union Pacific
Railroad Drug and Alcohol Policy effective January
6, 1990?
(b) Did the Carrier further prove that the claimant
was absent without proper authority at 5:35 a.m. on
March 19, 1991, in violation of General Rules A, B,
and 604 of Form 7908?
2. If the answer to the first question is yes, was the
carrier's assessment of discipline rendered arbitrarily, capriciously, or did it constitute an
abuse of discretion?"
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved
in this dispute are respectively carrier and employe within the
meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
The Board, after careful review of the lengthy record developed in this case, must make several observations with respect to
this record before addressing the merits.
Form 1 Award
No. 12615
Page
2
Docket
No. 12550
93-2-92-2-72
First, both parties have advanced this claim under separate
Dockets to this Board (See Second Division Award
12617).
While
either party may progress matters to the Board, there is no useful
purpose for both parties to do so. We recommend that the parties
follow the normal practice in this respect. Duplication of a claim
makes extra work for this Board, reviewing parties and adds to the
expense of the appeals process.
Second, both parties to this dispute have provided a copy of
the transcript of the hearing held on this matter. Such duplication is not necessary. It causes considerably more work for the
Board and all of those involved in the review process. The Board
cannot and will not interfere with the parties' methods for processing disputes while on the property and clearly will not impose
undue restrictions on materials which the parties provide to the
Board. However, in this situation, the Board has a proper advisory
role and in light of this, we urge these parties to follow the
procedure commonly accepted in this industry, namely, that only one
party provide a copy of the transcript to the Board. As a matter
of information, that role is usually filled by the Carrier.
Third, we have carefully reviewed the many procedural matters
that have been progressed by the parties. We conclude, on the
basis of this review, that the claim is best decided on its merits.
With respect to the merits, the evidence shows--much of it
from the Claimant's own testimony adduced at the hearing held on
his claim--that the Carrier met its burden of proof required in
such matters as this. Simply stated, the Claimant was subject 'to
a random drug test. He refused to take the test and left the
property. The Claimant's assertion that the reason he left the
property was to keep a doctor's appointment is not supported by the
evidence.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By order of Second Division
Attest: QT
Catherine LoughrWr - Interim Secretary to the Board
7.7
Dated at Chicago, Illinois, this 17th day of November
1993.