On December 13, 2005 the Carrier dismissed the Claimant from its service. As a result of an investigation held on November 30, 2005 the Carrier found that:

"On or about October 10, 2005, while working as a carman you were quarrelsome and insubordinate with your supervisors, failed to comply with instructions and refused to take an UPRR Reasonable Suspicion drug and alcohol test. Your actions are found to be in violation of General Code of Operating Rules 1.6 (3) Insubordinate, 1.6 (6) Quarrelsome, 1.6 SSI 10-A, 1.13 and the Union Pacific Railroad Drug and Alcohol Policy (effective January 15, 2004)."

The Investigation was originally scheduled for October 28, 2005, then rescheduled for November 11, 2005, and then November 30, 2005. Claimant did not attend the hearing. At 1:05 AM on November 30, 2005 the Claimant sent an email to the Carrier stating he would not attend the Investigation.

The facts in this case are that on October 10, 2005 Claimant was working as a carman at the Oakland Intermodal Facility. After several encounters with Carrier Officers, the determination was made that the Claimant was acting strangely. Accordingly, Claimant was asked to take a drug test under the provisions of the Carrier's Drug and Alcohol Policy. Claimant refused to take the test and accordingly removed from service.

Under the Carrier's Policy a refusal to take a test equates to a positive result.

Claimant has progressed this claim on his own. His submission mentions numerous things; run ins with Carrier officials, alleged safety violations, FRA safety rules, but at no time does the Claimant discuss the failure to take the drug test on October 10, 2005.

Claimant was given a fair and impartial hearing after two postponements, and the Carrier has met its burden of proving the Claimant violated its Rules.

AWARD