Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13492,
Docket No. 13402
00-2-98-2-91
The Second Division consisted of the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(National Conference of Firemen & Oilers
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM:
"1) That in violation of the current Agreement, Mr. W. Miller, Hostler
Helper, Chicago, Illinois, was unfairly dismissed from service of the
Soo Line Railroad Company, effective January 29, 1998.
2) That accordingly, the Soo Line Railroad Company be ordered to
make Mr. Miller whole by restoring him to service with seniority
rights, vacation rights, and all other benefits that are a condition of
employment, unimpaired, with compensation for all lost time plus
6% annual interest; with reimbursement of all losses sustained
account loss of coverage under Health and Welfare and Life
Insurance Agreement during the time held out
of
service; and the
mark removed from his record."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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 were given due notice
of
hearing thereon.
Form 1 Award No. 13492
Page 2 Docket No. 13407;
00-2-98-2-91
On March 19, 1997, the Claimant tested positive for a prohibitive chemical
ingestion. He was offered the opportunity to enter an EAP program for rehabilitation.
He was informed that for a period of five years following this first positive test, he would
be subject to random testing and should a future positive test be recorded, it would be
a breach of his commitment which would possibly lead to disciplinary action.
On November 13, 1997, the Claimant was asked to submit to a random test. He
was first given the Breathalyzer test which registered .065. A second such test was
administered 15 minutes later and it registered .059. The Breathalyzer test clearly
established that at 3:30 P.M., 30 minutes after his shift started, he had alcohol in his
system.
His argument that he consumed Nyquil to combat a cold was the reason for the
positive test. This alibi fails to sway the Board just as it failed to sway the Carrier.
When the Claimant submitted to the Breathalyzer, he did not tell the tester he had
consumed anything that just might raise a false positive rating.
After reviewing the transcript, it is clear to the Board that the Carrier established
substantial evidence of the Claimant's culpability. The discipline will not be disturbed.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 11th day of April, 2000.