NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-26981
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
On behalf of Signal Maintainer F. A. Dickie for reinstatement to
service account of being dismissed from service for alleged violation of Rules
'G' and '801'. Carrier File E-A-L-430"
OPINION OF BOARD: Prior to the occurrence giving rise to the dispute herein,
Claimant, with about sixteen years of service, was employed
by the Carrier as a Signal Maintainer at Santa Barbara, California, with
assigned hours 7:00 A.M. to 3:30 P.M.
The Carrier advises that on October 19, 1984, the Supervisor in
charge of operations on Carrier's Coast District, which includes the station
of Santa Barbara, received a telephone call shortly before noon that it
appeared that Claimant may have been smoking marijuana in the Signal Shop at
Santa Barbara. The Trainmaster telephoned personnel at Santa Barbara that he
would arrive there about 2:30 P.M. to make inquiry into the matter. The
Claimant departed before the Trainmaster arrived at Santa Barbara.
When Claimant next went on duty at Santa Barbara on October 22, 1984,
he was interviewed by the Signal Supervisor and the Trainmaster. The situation that occurred on Octo
was instructed four times to go to a local hospital for a drug screen urinalysis, and each time he r
. . . to develop the facts and place responsibility, if any, in connection with your alleged use
of marijuana while on duty or while subject to
duty, for your allegedly being under the influence
of marijuana while on duty on Company property on
or about 11:55 AM, October 19, 1984, and your
alleged refusal to give a urine specimen for a
toxicological test as instructed on October 22,
1984, for which occurrence you are hereby charged
with responsibility which may involve violation of
Rule G, and 801 of the Rules and Regulations for
Maintenance of Way and Structures, those portions
reading:
Award Number 26332 Page 2
Docket Number SG-26981
Rule G: The use of alcoholic beverages, intoxicants or narcotics by employes subject to duty, or
their possession, use, or being under the influence
thereof while on duty or on Company property is
prohibited.
Employes shall not report for duty under the influence of, or use while on duty or on Company
property, any drug, medication or other substance,
including those prescribed by a doctor, that will
in any way adversely affect their alertness, coordination, reaction, response or safety.
Rule 801: Employes shall not be retained in the
service who are . . . insubordinate . . .
The Investigation was conducted as scheduled and a copy of the Transcript has been made a part o
and find that the Investigation was conducted in a fair and impartial manner.
In the Investigation Claimant stated that he had left his assignment early on
October 19, 1984.
We find that the Carrier did produce substantial evidence in the
Investigation that Claimant refused on four occasions on October 22, 1984, to
provide a urine specimen for urinalysis. Claimant admitted that he smoked
marijuana occasionally; admitted that he refused to submit to a urinalysis as
instructed, but denied that he had used marijuana on the property on October
19, 1984.
We do not find substantial evidence to support that part of the
charge alleging Claimant used marijuana on the property on October 19, 1984.
However, Claimant's refusals to submit to a urinalysis as instructed constituted insubordination. We
may properly decide for himself the instructions that be will comply with and
those that he will ignore. The Board must also take note of Claimant's testimony that he used mariju
trafficking in drugs are considered serious offenses in the railroad industry
(Third Division Award 25263 and others cited therein). Claimant was notified
of his dismissal from service on November 5, 1984. He was subsequently
reinstated the first week of October, 1985. There is no proper basis for the
Board to interfere with the discipline imposed.
Award Number 26332 Page 3
Docket Number SG-26981
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy J. D er - Executive Secretary
Dated at Chicago, Illinois, this 8th day of June 1987.