This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

At the time of his dismissal, Claimant was employed as a Machinist in Carrier's Proviso Diesel Shop in Melrose Park, Illinois. On March 7, 1994, Carrier notified Claimant that he was being returned to work under its Alcohol and Drug Policy. Among other conditions for his return were the following:

`°1. You will remain abstinent from alcohol and all other prohibited drugs.

2. You will attend a minimum of two support group meetings each

week, either Alcoholics Anonymous, or Narcotics Anonymous, or

Cocaine Anonymous, and keep a record of this attendance as to

date, time and place and signature of either the group secretary or

your personal sponsor. This record will be submitted to the

Employee Assistance Program monthly in a timely manner.

In addition, Claimant was informed in that same letter that "Should [hel fail to comply with the following instructions in whole or in part for the two years subsequent to the date of this letter, you will be subject to dismissal for failure to comply with instructions." Claimant agreed to the terms of his conditional reinstatement on March 8, 1994.

On May 20, 1994, the Director-EAP was advised by Glenoaks Medical Center that Claimant had been admitted to that facility on May 2, 1994, and had remained there until May 6, 1994. The Center advised Carrier that Claimant had been admitted for a major depression episode and cocaine abuse. By letter of May 25, 1994, Claimant was directed to report for a formal Investigation regarding his failure to comply with the instructions contained in his March 7, 1994 letter of reinstatement. Following the Hearing, Claimant was notified of his dismissal from Carrier's service.

In his defense, Claimant maintains that the laboratory report from the Glenoaks Medical Center is inaccurate. Specifically, he testified that he told the doctor he had

previously used marijuana and cocaine, but only cocaine registered positive in the urine toxicology analysis. In the medical admission report, however, the attending physician noted that, "The patient identified concerns regarding an impending divorce, and anticipated remarriage, and feelings of regret about having relapsed on cocaine a few days prior to admission." Claimant maintains that if he were using marijuana and cocaine, they would both have shown up in the urine toxicology report; therefore, the urine sample reported by the Medical Center cannot be his.

A careful review of the record and evidence presented fails to support Claimant's defense. The admissions report and release report from Glenoaks Medical Center are consistent and credible. Further, the Board notes that the urinalysis in question was forwarded by the hospital to a second [Smith-Kleinl laboratory for confirmation, and the specimen was confirmed positive by Smith-Klein. In light of the Claimant's past record, and his clear understanding of the parameters under which he was reinstated slightly more than two months prior to the incident at issue, the Board does not find a basis for sustaining the instant claim.

AWARD